R.Tamilselvan, v. The Management Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.1711 and 1712 of 2019 R.Tamilselvan ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.

4.K.Rakesh, Advocate, Domestic Enquiry Officer, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, to declare the action of the respondents in initiating disciplinary proceedings against the petitioner on the charges of unauthorized absence from May 2016 to September 2017 and consequential enquiry report of the fourth respondent dated 01.12.2018 and show cause notice of the third respondent in Memo No: TNSTC/NAGAI/D14/Ve/012.040/2017 dated 02.01.2019, when his application dated 17.07.2016 for voluntary retirement has not been considered by the respondents as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman, Standing Counsel.

ORDER

This Writ Petition is filed to quash the charges against the petitioner.

2. The learned counsel appearing for the petitioner submitted that the consequential relief sought for in this Writ Petition is for Voluntary Retirement. Since there were some disciplinary proceedings against the petitioner, the respondents did not consider the claim of the petitioner. Hence, the petitioner had filed this writ petition. Pending writ petition, the respondents have 2/5

considered the claim of the petitioner to grant voluntary retirement and subsequently all the proceedings were dropped. The petitioner was granted with all benefits that is applicable for voluntary retirement through an order dated 29.12.2022. Hence, nothing survives for adjudication and the matter has becomes infructuous.

3. Recording the said submission the present Writ Petition is closed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

06.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

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

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.

4.K.Rakesh, Advocate, Domestic Enquiry Officer, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.

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S.SRIMATHY, J.

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