R.Sivanantham, Driver, Staff v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2022

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.32403 OF 2017 AND W.M.P.NO.35685 OF 2017 R.Sivanantham ... Petitioner .Vs.

1. The General Manager, Nagapattinam, Kumbakaonam Region, Nagapattinam District.

2. The Branch Manager, Thiruthuraipoondi Branch, Thiruvarur District.

3. The Regional Transport Office, Thiruthuraipoondi Branch, Thiruvarur District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondents to give duty as driver in the Thiruthuraipoondi Branch, Tamil Nadu State Transport Corporation and to give all service and attendant benefits to the Petitioner within the time fixed by this Court in accordance with law. For Petitioner :

Mr.T.Shanmugam For Respondents : Mr.D.Venkatachalam (for R1 and R2) Mr.P.Balathandayutham Special Government Pleader (for R3)

O R D E R

Heard Mr.T.Shanmugam, Learned Counsel for the Petitioner, Mr.D.Venkatachalam, Learned Counsel for the First and Second Respondents and Mr.P.Balathandayutham, Learned Special Government Pleader appearing for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2. The Petitioner, who was working as Driver in the Transport Corporation of the First Respondent, has filed this Writ Petition to provide him duty as driver in Thiruthuraipoondi Branch, Tamil Nadu State Transport Corporation with all service and attendant benefits within the time limit that may be fixed by this Court.

3. Learned Counsel for the First and Second Respondents, on instructions, states that the Petitioner was suspended from duty on 24.07.2017, which was revoked on 22.08.2017 and he was allowed to join duty on the next day and after conducting domestic enquiry, he was imposed with the punishment of 5 stage reduction in basic pay and he is now working in the same branch. In such circumstances, nothing remains to be determined in this Writ Petition.

In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Maya/skr To 1.

The General Manager, Nagapattinam, Kumbakaonam Region, Nagapattinam District.

2.

The Branch Manager, Thiruthuraipoondi Branch, Thiruvarur District.

3.

The Regional Transport Office, Thiruthuraipoondi Branch, Thiruvarur District.

+1cc to Mr.D.Venkatachalam, Advocate, S.R.No.33404 +1cc to the Government Pleader, S.R.No.34251 W.P.NO.32403 OF 2017 CA(CO) PBS/15/06/2022