N.Senthamilselvan v. The General Manager(Administrative),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN N. Senthamilselvan

...Petitioner

Vs

1. The General Manager, ( Administrative) Tamil Nadu Civil Supplies Corporation, Poonamallee High road, Koyambedu, Chennai

2. The Regional Manager, ( South), Tamil Nadu Civil Supplies Corporation, Chennai South Region, No.9, Condron Smith Road, Gopalapuram, Chennai - 600 086.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first Respondent to dispose the statutory appeal filed by the petitioner on 25.07.2023 within a stipulated time and pass orders.

For Petitioner : Mr.C. Prakasam For Respondents : Mr.C. Selvaraj Standing Counsel 1/5

ORDER

This Writ Petition has been filed directing the first Respondent to dispose the statutory appeal filed by the petitioner on 25.07.2023 within a stipulated time and pass orders.

2. Mr.C. Selvaraj, Standing Counsel takes notice for the Respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner was working as Seasonal Bill clerk under the second respondent. Whileso, he has taken leave for 3193 days without intimating to the officers concerned. Hence the leave taken was treated as unauthorised absent and the second respondent passed an order on 23.05.2023 in Na.Ka.No.A15/1538/2023 wherein, the petitioner was dismissed from the services. Challenging the same the petitioner has preferred an appeal on 25.07.2023 before the first respondent and the same is pending till date. Hence this petition. 2/5

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the first respondent to dispose of the appeal filed by the petitioner on 25.07.2023 and pass orders.

5. The learned Standing Counsel appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.

6.Considering the facts and circumstances of the case, this Court directs the first respondent to dispose the appeal filed by the petitioner on 25.07.2023 after conducting an enquiry by affording reasonable opportunity of hearing to the petitioner as well as the concerned parties and pass orders within a period of twelve weeks from the date of receipt of a copy of this Order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

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To

1. The General Manager, ( Administrative) Tamil Nadu Civil Supplies Corporation, Poonamallee High road, Koyambedu, Chennai

2. The Regional Manager, ( South), Tamil Nadu Civil Supplies Corporation, Chennai South Region, No.9, Condron Smith Road, Gopalapuram, Chennai - 600 086.

V.BHAVANI SUBBAROYAN,J.

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