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Madras High CourtWP/35915/2019dismissed

S.Mohamed Jaffar v. The Managing Director

2020-01-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.35915 of 2019 S.Mohamed Jaffar ... Petitioner Vs.

1. The Managing Director, TASMAC Ltd.,Head Office, Gandhi Irwin Salai, Egmore,Chennai 600 008.

2. The Regional Manager (TASMAC), Chennai Region (SRM Office), District Library Building, 4th Floor, Annasalai, Chennai 600 002.

3. The District Manager, TASMAC Limited, (Chennai North), Ambattur Industrial Estate, SIPCOT, Chennai 600 058.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representations dated 24.06.2017 and 21.08.2017 and to permit the petitioner to resume his duty as shop salesman.

For Petitioner : Mr.N.S.Kishore Kumar For Respondents : Mr.P.Arumuga Rajan Standing Counsel for TASMAC

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representations made by the petitioner and to permit the petitioner to resume his duty as shop Salesman. 2.

The case of the petitioner is that he was appointed as a Salesman by the District Manager, TASMAC Ltd, in the year 2004. During the year 2005, a surprise raid was conducted and shortage of amount was detected. The petitioner claims to have been illegally terminated from service and he was never allowed to join duty.

https://hcservices.ecourts.gov.in/hcservices/ 3.

The petitioner has now approached this Court seeking

for a direction to the respondents to consider his representations that were made in the year 2017 and to provide him with job as a shop Salesman.

4.

This Court is not inclined to entertain this petition, since the petitioner is attempting to revive an employment which had ceased to exist in the year 2005 itself, even as per the admitted case of the petitioner. The petitioner has approached this Court after nearly 14 years and by merely giving a representation, no cause of action has arisen to grant the relief as sought for by the petitioner. 5.

This Court does not find any corresponding duty on the part of the respondents to consider the representations of the petitioner and therefore, no mandamus can be issued in this case.

6.

Accordingly, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-vi) //True Copy// Sub Assistant Registrar Rka To

1. The Managing Director, TASMAC Ltd.,Head Office, Gandhi Irwin Salai, Egmore,Chennai 600 008.

2. The Regional Manager (TASMAC), Chennai Region (SRM Office), District Library Building, 4th Floor, Annasalai, Chennai 600 002.

3. The District Manager, TASMAC Limited, (Chennai North), Ambattur Industrial Estate, SIPCOT, Chennai 600 058.

+1cc to Mr.N.S.Kishore Kumar, Advocate, S.R.No. 1056 +1cc to Mr.P.Arumugarajan, Advocate, S.R.No. 275 W.P.No.35915 of 2019 MR(CO) GN(17/02/2020) https://hcservices.ecourts.gov.in/hcservices/