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Madras High CourtWP(MD)/11026/2019disposed of

Araviandhan v. The Managing Director,

2019-04-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.11026 of 2019 Aravindhan ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam - 612 001, Thanjavur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to grant continuity of service from the date of the petitioner's initial appointment i.e 11.09.1989 and to grant all accrued monetary benefits to the petitioner based on the petiioner's representation dated 31.10.2016 within the time stipulated by this Court.

For Petitioner : Mr. M.S. Jeyakarthik For Respondent : Mr.P. Balasubramanian Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondent to grant continuity of service from the date of the petitioner's initial appointment i.e., on 11.09.1989 and to grant all accrued monetary benefits to him, based on his representation, dated 31.10.2016 within the time stipulated by this Court. 2.The case of the petitioner is that he was appointed as Driver in Chennai Pallavan Transport Corporation on 11.09.1989. Subsequently, he was transferred to Kumbakonam Division in the year 1995. While so, he was issued with a charge memo dated 04.10.1996. Resultantly, he was removed from service in 1997. Thereafter, he entered into Section 18(1) settlement with the respondent Corporation on 21.08.1998, as per which, he was reappointed in the respondent Corporation on 14.09.1998. Consequently, he approached the respondent and requested to grant him continuity of service and payment of monetary benefits. In this regard, he submitted a representation dated 31.10.2016. Finding no response on the same, he has come up with this writ petition.

3.Heard Mr.M.S.Jeyakarthik, learned counsel for the petitioner and Mr.P.Balasubramanian, learned Standing Counsel, who takes notice for the respondents.

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4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without expressing any opinion on the merits of the case, directs the respondent to consider the representation of the petitioner, dated 31.10.2016, on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner. 5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) Trp/rk To The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam - 612 001, Thanjavur District.

+1 CC to M/s.P.BALASUBRAMANIAN, Advocate SR-64769. +1 CC to M/s.M.S.JEYAKARTHIK, Advocate SR-64828. W.P(MD)No.11026 of 2019 30.04.2019 CS: (31/05/2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/