M.Venkatesan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24-11-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM M.Venkatesan ..

Petitioner vs.

1.The Managing Director, TASMAC Ltd., CMDA Tower-II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.

2.The District Manager, TASMAC Ltd., Kanchipuram (North), Thirumalizai Unit III, Chembarambakkam, Chennai-600 123.

..

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to reinstate the petitioner to the post of Salesman in any one of 1/6

the TASMAC Establishment in Kanchipuram (North) District pursuance of the orders passed by the first respondent on 18.02.2016. For Petitioner : Mr.V.Raghavachari For Respondents : No appearance

O R D E R

The relief sought for in the present writ petition is to direct the second respondent to reinstate the petitioner to the post of Salesman in any one of the TASMAC Establishment in Kanchipuram (North) District pursuance of the orders passed by the first respondent on 18.02.2016.

2. The petitioner was appointed as Salesman on Contract basis in TASMAC by an order dated 06.12.2003. The petitioner had not reported for duty from 18.04.2013. Thus he was placed under suspension and on receipt of his explanations, the order of suspension was revoked.

3. The petitioner made a representation stating that due to his 2/6

father's ill-health, he could not report for duty. Accordingly a fine amount of Rs.10,000/- was imposed on the writ petitioner.

4. The learned counsel for the petitioner states that the said fine amount of Rs.10,000/- was already deposited by the writ petitioner.

5. The first respondent in proceedings dated 18.02.2016 has stated that on deposit of the fine amount of Rs.10,000/-, the petitioner shall be reinstated in service. However, the said letter issued has not been honoured by the Competent Authorities and therefore, the petitioner is constrained to move the present writ petition.

6. In view of the facts and circumstances, the respondents are directed to verify the letter dated 18.02.2016 and accordingly, initiate action to reinstate the petitioner in service as per the said order, within a period of six weeks from the date of receipt of a copy of this order.

7. With the abovesaid directions, the writ petition stands 3/6

allowed. However, there shall be no order as to costs. 24-11-2022 Index : Yes/No.

Internet : Yes/No.

Speaking Order/Non-Speaking Order.

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1.The Managing Director, TASMAC Ltd., CMDA Tower-II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.

2.The District Manager, TASMAC Ltd., Kanchipuram (North), Thirumalizai Unit III, Chembarambakkam, Chennai-600 123.

S.M.SUBRAMANIAM, J.

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