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Madras High CourtWP/1376/2020dismissed

P.Rajendran, v. The General Manager,

2024-08-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 13.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Rajendran .. Petitioner Vs 1.The General Manager, Transport Corporation, Trichy.

2.The Branch Manager, Transport Corporation, Ariyalur.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records relating to the order passed by the first respondent in Letter No.TNSTC/Trichy/E3/481/2019, dated 26.11.2019 and quash the same and further direct the respondents to refix the basic pay as Rs.38000/- from 2011 on par with his juniors and pay the same with all backwages and benefits.

For Petitioner : Mr.S.Parthasarathy For Respondents : Mr.Murali Vinoth, Standing Counsel 1/4

ORDER

The writ petition has been filed challenging the order passed by the first respondent dated 26.11.2019, thereby, rejected the representation submitted by the petitioner seeking to rectify pay anomaly.

2. The petitioner was appointed as Driver on 05.02.1991 and subsequently, his service was regularized on 20.01.1992. While being so, he met with an accident and due to which, he sustained injuries. Therefore, he could not be able to drive vehicle and he was given alternative employment as Time Keeper in view of his health condition. Thereafter, he joined duty and he was paid salary to the tune of Rs.26,900/-, but, his juniors were drawing higher salary. Therefore, the petitioner submitted a representation to the first respondent, but, the same was rejected.

3. On perusal of the records, it is revealed that the petitioner was absented from duty for 3393.5 days unauthorizedly. That apart, the petitioner was involved in major and minor accidents and he was also the reason for the damaged caused to the tyre of bus driven by him, for 2/4

which, he was imposed with a punishment of stoppage of increment for a period of 2 years without cumulative effect; and 7 years with cumulative effect. After the report submitted by the Medical Board, he was given alternative employment and as such, in view of stoppage of increments stated supra, his salary is lower than his juniors.

4. Therefore, this Court finds no error or illegality in the order passed by the first respondent. Accordingly, the writ petition fails and it is dismissed as devoid of any merit. No Costs. 13.08.2024 Index: yes/no rkm To 1.The General Manager, Transport Corporation, Trichy.

2.The Branch Manager, Transport Corporation, Ariyalur.

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G.K.ILANTHIRAIYAN, J.

rkm 13.08.2024 4/4