Tamil Nadu State Transport Employees Federation v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.11596 of 2026 Tamil Nadu State Transport Employees Federation, rep.by its General Secretary, K.Arumuga Nainar, S/o.Kandasamy, No.52, Cooks Road, Chennai-600 012.
... Petitioner Vs.
1.The Government of Tamil Nadu, Rep.by its Additional Chief Secretary, Transport Department, Fort St.George, Chennai-600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli-627 011.
3.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam-612 001.
4.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Coimbatore - 641 043.
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5.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram-605 602.
6.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem-636 007.
7.The Managing Director, State Express Transport Corporation (Tamil Nadu) Ltd., Pallavan Salai, Chennai-600 002.
8.The Managing Director, Metropolitan Transport Corporation (chennai) Limited, Pallavan Salai, Chennai-600 002.
...Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the respondents from utilizing the services of Drivers and Conductors in "other duties" without allocating or extracting work in their respective categories to which they are appointed and to pay them salary in violation of G.M.(Ms)No.322 to 328, Transport (C1) Department, dated 31.10.2018 and in violation of Clause 9 of the annexure to the settlement dated 28.09.1995 and Clause 12 (xviii) of settlement dated 31.08.2005 entered under Section 12 (3) of Industrial Disputes Act, 1947.
For Petitioner : Mr.G.Prabhu Rajadurai for Mr.A.Rahul For Respondents : Mr.S.Venkatesh (R1) Government Advocate Mr.R.Ramaiah (RR2, 6 & 8) Standing Counsel Mr.S.C.Heroldsingh (R7) 2/7
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.) This writ petition has been filed seeking a direction to forbear the respondents from utilizing the services of Drivers and Conductors in "other duties" without allocating or extracting work in their respective categories to which they are appointed and to pay them salary in violation of G.M.(Ms)No.322 to 328, Transport (C1) Department, dated 31.10.2018 and in violation of Clause 9 of the annexure to the settlement dated 28.09.1995 and Clause 12 (xviii) of settlement dated 31.08.2005 entered under Section 12 (3) of Industrial Disputes Act, 1947. 2.This Court had an occasion to consider the very same issue raised in this writ petition in W.P.(MD)No.451 of 2019 dated 02.03.2026, wherein this Court has held as follows:
"7.The very information provided under RTI Act in the year 2025 clearly shows that the persons, who have appointed as Driver and Conductors, have been given other works, whereas, one of the information received from Madurai Region shows that they have, in fact, sought permission to appoint temporary Drivers on 3/7
outsourcing basis. In fact, it is clearly stated that there are 362 vacancies are available and those posts to be filled up by outsourcing. When the permanent staff have already been appointed in a particular post and allocating them for other work in the name of administrative work, we are of the view that the contention of the petitioner has been clearly established that when the persons have been appointed as Conductors or Drivers, their primary job should only driving work or conductor work and they should not be allotted to any other job, except when they suffer disability during work and they were found to be unfit to do Driver work or Conductor work. Only in that situation, they can accommodate to any other posts, suitable according to their health conditions. 8.
Therefore, we direct the respondents to strictly implement the Government Order in G.O.Ms.No.321 Transport (C1) Department dated 31.10.2018 and Clause 9 of the settlement arrived in this regard, forthwith. We make it clear that the Drivers and Conductors, who are belong to any Trade Unions affiliated to any ruling party, shall not be given any administrative work hereafter in the name of other duty. If the respondents violate the order of this Court, it is open to any workmen or any Trade Unions to file contempt petition."
3.Having regard to the aforesaid order, this Writ Appeal stands disposed of accordingly. The respondents/State authorities are directed to implement the Government Orders in its true letter and spirit, without 4/7
any deviation whatsoever. Any instance of non-compliance or violation shall be brought to the notice of this Court for appropriate action. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
[N.S.K., J.] & [M.J.R., J.] 05.06.2026 Index :Yes/No Internet :Yes ta To 1.The Government of Tamil Nadu, Rep.by its Additional Chief Secretary, Transport Department, Fort St.George, Chennai-600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli-627 011.
3.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam-612 001.
4.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Coimbatore - 641 043.
5.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram-605 602.
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6.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem-636 007.
7.The Managing Director, State Express Transport Corporation (Tamil Nadu) Ltd., Pallavan Salai, Chennai-600 002.
8.The Managing Director, Metropolitan Transport Corporation (chennai) Limited, Pallavan Salai, Chennai-600 002.
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N.SATHISH KUMAR, J.
AND M.JOTHIRAMAN, J.
ta W.P.(MD)No.11596 of 2026 05.06.2026 7/7