Kannan Ayyappan v. The Senior Regional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Kannan Ayyappan ... Petitioner Vs.

1.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), No.100, Anna Nagar, Madurai-625 020.

2.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Ramanathapuram District.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to revoke the suspension order dated 08.08.2022 and consequently reinstate the petitioner into service as Supervisor in TASMAC Shop No. 7014 on the basis of the proposal sent by the 2nd respondent vide Na.Ka.No.A1/0743/2022 dated 20.10.2022.

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For Petitioner : Mr.K.Rajesh For Respondents : Mr.S.Sivanesan

O R D E R

This writ petition has been filed for a direction to the first respondent herein to revoke the suspension order dated 08.08.2022 and consequently reinstate the petitioner into service as Supervisor in TASMAC Shop No.7014 on the basis of the proposal sent by the 2nd respondent vide Na.Ka.No.A1/0743/2022 dated 20.10.2022.

2. The case of the petitioner is that the petitioner and other co-employees have committed illegal activities while they were in duty and they were placed under suspension on 08.08.2022. The suspension of the petitioner has not been revoked. However, the suspension of the similarly situated person was revoked. Hence, the petitioner has made a representation to revoke the suspension order on 02.12.2022. However, the same has not been considered. Therefore, the petitioner has filed the 2/5

present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to dispose of the representation of the petitioner, dated 02.12.2022, on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation, dated 02.12.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

31.01.2023 ssb To 1.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), No.100, Anna Nagar, Madurai-625 020.

2.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Ramanathapuram District.

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M.DHANDAPANI,J.

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