B.Karuppiah v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL and M.P(MD)No.1 of 2011 B.Karuppiah ... Appellant/Petitioner Vs.

1.The Management, Tamil Nadu State Transport Corporation (Madurai) Limited, Rep. by its Managing Director, Madurai.

2.The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Rep. by its General Manager, Dindigul.

3.The Branch Manager, Kodaikanal Branch of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Kodaikanal, Dindigul District.

... Respondents/Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order, dated 22.08.2011 made in W.P(MD)No.9387 of 2011 on the file of this Court.

Prayer in WP(MD). 9387/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS, directing the Respondents to permit the Petitioner to join duty at the 3rd Respondent Branch and further directing the Respondents to treat the period from 24-06-2011 to the date of permitting him to join / resume his duty as his service period for all purpose and also to pay him all the benefits including the wages for the period.

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For Appellant : Mr.S.Arunachalam For RR 1 & 3 : No appearance For R - 2 : Mr.K.Mahendran

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) This Writ Appeal is directed against the order passed in W.P (MD)No.9387 of 2011, which was dismissed on 22.08.2011. 2.In the said Writ Petition, the appellant / writ petitioner had sought for permission to join duty at the third respondent Branch and further directing the respondents to treat the period from 24.06.2011 to till date, permitting him to join duty, as his service period for the purpose of all benefits including the wages of the period. As the said Writ Petition was dismissed, the appellant / writ petitioner had preferred the present Writ Appeal. 3.The learned counsel appearing for the second respondent submitted that the appellant / writ petitioner had retired from service on 31.05.2012 and he also seems to have filed W.P(MD) No.

10630 of 2012 seeking terminal benefits, which was allowed and the same was recovered by filing a Contempt Petition in Cont.P(MD) No.263 of 2013. He would further submit that since entire terminal benefits of the appellant / writ petitioner have been settled, nothing survives for adjudication in this Writ Appeal. 4.In view of the above, this Writ Appeal is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The Managing Director,, The Management, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.

2.The General Manager, The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

3.The Branch Manager, Kodaikanal Branch of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Kodaikanal, Dindigul District.

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