Madras High CourtWP(MD)/8370/2014dismissed as infructuous

Sankar Kumar v. The Managing Director

2017-12-15Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2017

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD).No.8370 of 2014 and M.P.(MD)No.1 of 2014 Sankar Kumar ... Petitioner vs.

1. The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, Thirumayam Salai, Pudukkottai.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, directing the 2nd respondent to permit the petitioner to join duty immediately and also provide salary for the entire month of April 2014 and also to provide salary for the subsequent period.

For Appellant : Mr.P.Ganapathi Subramanian For R1 and R2 : Mr.D.Sivaraman Standing counsel for TNSTC

ORDER

The petitioner has come up with this writ petition seeking a direction directing the second respondent to permit the petitioner to join duty immediately and also provide salary for the entire month of April 2014 and also to provide salary for the subsequent period.

2.Heard Mr.P.Ganapathi Subramanian, learned counsel appearing for the petitioner and Mr.D.Sivaraman, learned Standing Counsel for TNSTC appearing for the respondents.

3.The case of the petitioner is that on 20.03.2014 when the bus was reaching TVS Toll Gate at about 5.00 a.m., colluded with the lorry. In the said accident, the conductor lost his bag, which contained ticket books and the same was informed to the second respondent. However, the second respondent insisted the petitioner to pay the charges towards the loss of ticket books and also the petitioner was not permitted to join duty. Hence, the petitioner made a representation on 02.04.2014 to the respondents and on https://hcservices.ecourts.gov.in/hcservices/

receipt of the said representation, the second respondent passed an order directing the petitioner to pay a sum of Rs.77,180/- to the office of the Pudukkottai Branch and without paying the said amount, the petitioner will not be permitted to join duty. Therefore, the petitioner is before this Court with this writ petition.

4.Today when the matter was taken up for consideration, the learned Standing counsel for TNSTC appearing for the respondents submitted that the Transport Corporation has not recovered a sum of Rs.77,180/- as loss of ticket books and but, only a sum of Rs.27/- as printing charges of the said ticket books alone was recovered. He further submitted that the petitioner has also joined duty and therefore, the writ petition has become infructuous.

5.Recording the aforesaid submissions, nothing survives for adjudication in the Writ Petition. Hence, the writ petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar +1cc to Mr.D.Sivaraman, Advocate Sr.No.93092 NS VB/KKR/SAR2/18/01/2018/2P/2C W.P.(MD).No.8370 of 2014 and M.P.(MD)No.1 of 2014 15.12.2017 https://hcservices.ecourts.gov.in/hcservices/