R.Jothibasu v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.R.Jothibasu 2.G.Manikandan 3.K.Sivakumar 4.V.Srinivasan ... Petitioner Vs.
1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post Villupuram - 605 602.
2.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by The General Manager Vellore Regional Office Rangapuram Vellore - 632 009 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the subsistence allowance for the period from 21.05.2017 to 13.06.2017 to all the Petitioners and to regulate the service benefits including Review of Pay and sanction of service weightage along with annul increments from the year 1/6
2017 to 2023 and to pay the accrued arrears for the same within the time frame that may be stipulated by this Court.
For Petitioner : Mr.N.Ishak For Respondents : M/s.S.Pavithra Standing Counsel
O R D E R
By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to pay the subsistence allowance for the period from 21.05.2017 to 13.06.2017 to all the Petitioners and to regulate the service benefits including Review of Pay and sanction of service weightage along with annul increments from the year 2017 to 2023 and to pay the accrued arrears for the same within the time frame that may be stipulated by this Court.
3. Heard the learned counsel for both sides and perused the materials available on record.
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4. The learned counsel for the petitioners would submit that they were appointed in the Respondents-Transport Corporation in the Traffic Wing as Drivers and Conductors in the year 2007 and they were suspended during May-2017 and thereafter, charge sheeted on the allegation that they had pelted stones upon the front wind mirror of the Respondents-Corporation Buses. It is the further submission of the petitioners that on a similar charge, a criminal proceedings were also initiated and the same were ultimately ended in acquittal, vide order passed by the Principal Sessions Judge, Vellore dated 12.08.2022 in S.C.No.101/2021 and also S.C.No.102/2021, dated 22.02.2023. The learned counsel for the petitioner would submit that after that on the very same charge, the respondents imposed a punishment by way of treating the suspension period as a 'Specific Punishment'.
5. The learned counsel for the petitioner would submit that notwithstanding the above order, their services have to be regularised with annual increment and along with service benefits. In this connection, they have sent representations on 11.06.2024 and 17.10.2024 and such representations are pending with the respondents. 3/6
6. At this juncture, the learned Standing Counsel appearing for the respondents would submit that they will consider the petitioners' representation according to it's own merits and in accordance with law, within a reasonable time.
7. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioners' representations dated 11.06.2024 and 17.10.2024 and pass orders on it's own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.
8. With the above direction, the Writ Petition is disposed of. No costs. 08.08.2025 (2/2) Index : Yes/No Speaking order /Non Speaking Order dm 4/6
To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post Villupuram - 605 602.
2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Regional Office Rangapuram Vellore - 632 009 5/6
C.KUMARAPPAN, J.
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