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Madras High CourtWP/43934/2025disposed of

M.Perumal v. State Rep By Its

2025-11-19Honourable Mrs.Justice N. Mala8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA M.Perumal Petitioner(s) Vs

1. State Rep By Its Principal Secretary To Government, Department Of Transport, Secretariat, Fort St George, Chennai 600 009.

2.The Managing Director Head Office, Tamil Nadu State Transport Corporation, Salem Division, No.12, Ramakrishna Road, Salem 636 007.

3.The General Manager Head Office, Tamil Nadu State Transport Corporation, Salem Division,

No.12, Ramakrishna Road, Salem 636 007.

4.The Branch Manager, Tamil Nadu State Transport Corporation, Mettur Branch, Mettur Dam 636 401.

5.The Assistant Labour Commissioner, Campus Of Labour Welfare Office, Gorimedu, Salem 636 008 6.S. Sivakumar (Service No.0224), Superintendent, TNSTC, Erumapalayam -1 Erumapalayam Branch, Salem 636 007 Respondent(s) PRAYER Directing the respondents 1 to 3 to consider the representation of the petitioner dated 21.04.2025, 05.07.2025, 18.08.2025 and 23.10.2025 and take action against the respondents 4 and 6 for harassing the petitioner in the name of checking, imposing over duty, non-considering weekly and sick leave, nonassigning of proper duty and non-consideration of the period of 5 days from 27.05.2025 to 31.05.2025 which was marked as absent due to vengeance as service period.

For Petitioner(s):

V.Elangovan For Respondent(s):

Mr. A.N. Purushothaman, SGP, For R1 & R5 Mr. M. Aswin, For R2 To R4.

ORDER

The Writ Petition is filed for a writ of mandamus to consider the representations of the petitioner dated 21.04.2025, 05.07.2025, 18.08.2025 and 23.10.2025 and take action against the respondents 4 and 6 for harassing the petitioner in the name of checking, imposing over duty, non-considering weekly and sick leave, non-assigning of proper duty and for marking the period of 5 days from 27.05.2025 to 31.05.2025, as absent out of vengeance. 2.The petitioner was appointed as Bus Conductor in the respondent Corporation on 18.07.2016. While so, due to illness, the petitioner requested the fourth respondent to grant him leave for 2 days on 27.05.2025 and 28.05.2025. Since the leave was refused, the petitioner sent leave letter to the fourth respondent through post and the same was acknowledged by him. Thereafter, based on the complaint given by the petitioner for refusing weekly, general leave and sick leave, the fifth respondent conducted enquiry against the fourth respondent. In the said enquiry, the petitioner also participated. Thereafter, the

petitioner reported for duty on 30.05.2025. However, the sixth respondent refused to assign duty to the petitioner for giving complaint against the fourth respondent.

3. The petitioner states that the sixth respondent marked the petitioner absent for 5 days from 27.05.2025 to 31.05.2025, even though the petitioner reported for duty and had 196 days of leave left in the year 2025. Since the respondents 4 and 5 harassed the petitioner in various ways, he submitted representations to the respondents 1 to 3 and 5 on 21.04.2025, 05.07.2025, 18.08.2025 and 23.10.2025 requesting them to take action against the respondents 4 and 5. Since the representations were not considered, the petitioner filed the above Writ Petition for the aforesaid relief.

4. Mr.M.Aswin, learned Standing Counsel, takes notice for the respondents 2 to 4, had on instructions submits that the representations of the petitioner were pending and that the respondents would abide by the directions issued by this Court.

5. Under the facts and circumstances of the case, this Court directs the second respondent to conduct enquiry on the basis of the petitioner's representation dated 21.04.2025, 05.07.2025, 18.08.2025 and 23.10.2025 by affording opportunity to the petitioner as well as the respondents 4 and 5 and thereafter, pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of with the above directions. No costs. 19-11-2025 pvs/AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Principal Secretary To Government, Department Of Transport, Secretariat, Fort St George, Chennai 600 009.

2.The Managing Director Head Office, Tamil Nadu State Transport Corporation, Salem Division, No.12, Ramakrishna Road, Salem 636 007.

3.The General Manager Head Office, Tamil Nadu State Transport Corporation, Salem Division, No.12, Ramakrishna Road, Salem 636 007.

4.The Branch Manager, Tamil Nadu State Transport Corporation, Mettur Branch, Mettur Dam 636 401.

5.The Assistant Labour Commissioner, Campus Of Labour Welfare Office, Gorimedu, Salem 636 008

N.MALA J.

pvs/AP

19-11-2025