T.Selvarajan v. Metropolitan Transport Corpn

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2018

CORAM

THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.19272 of 2003 and W.M.P.Nos.24081 to 24084 of 2003 T.Selvarajan

...Petitioner

Vs.

1.Metropolitan Transport Corporation (Division-II) Ltd., now renamed as Metropolitan Transport Corporation Ltd., Rep by its General Manager Chennai - 600 002.

2.The Managing Director Metropolitan Transport Corporation Ltd., Chennai - 2.

3.The Assistant Manager (Service Records) Metropolitan Transport Corporation Ltd., Chennai - 2.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus after calling for the records pertaining to the order passed by the 1st respondent in Se.Mu.Aanai No.5634/Sa.Pi (O.Na)12/MTC/96, dated 14.10.2000 and the order passed by the 2nd respondent in Ku.No.5634/Sa.Pi(O.Na)20/MTC/96, dated 25.03.2003, quash the same and consequently direct the respondents to restore the petitioner's scale, with all consequential benefits, Award costs. For Petitioner : Mr.V.Ajay Khose For Respondents : Mr.V.R.Kamalanathan

O R D E R

The petitioner namely, T.Selvarajan who was working as security guard in Metropolitan Transport Corporation (DivisionII) Ltd., Chennai was inflicted with penalty of reduction of pay to the initial scale for a period of 10 years which has also been confirmed in appeal has challenged the same in the present writ petition.

2.When the matter was listed for hearing today, the learned counsel appearing on behalf of the Metropolitan Transport Corporation Limited, on instructions would submit that the petitioner T.Selvarajan who was working as security guard [Staff No.12290] in Tiruvottiyur depot had died on 02.09.2005, after filing of the writ petition and that his terminal benefits were received by his wife T.Poonarasi and that she is also receiving the family pension.

3.In the aforesaid circumstances, the writ petition stands dismissed as abated. It is however made clear that it would not preclude the legal representative of the deceased petitioner from pursuing appropriate legal remedies for reviving the matter in issue, if they so desire, in the manner recognized by law. Consequently, connected miscellaneous petitions are closed. No costs.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar pgp To 1.Metropolitan Transport Corporation (Division-II) Ltd., now renamed as Metropolitan Transport Corporation Ltd., Rep by its General Manager Chennai - 600 002.

2.The Managing Director Metropolitan Transport Corporation Ltd., Chennai - 2.

3.The Assistant Manager (Service Records) Metropolitan Transport Corporation Ltd., Pallavan Salai, Chennai - 2.

+1 CC to Mr.V.R.Kamalanathan, Advocate sr 10464. W.P.No.19272 of 2003 VBA(CO) SP(25/04/2018)