Madras High CourtWP(MD)/13312/2017disposed of

P.Rajesh Kumar, v. The Managing Director,

2019-03-19Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.13312 of 2017 and WMP(MD)No.10385 of 2017 P.Rajesh Kumar ... Petitioner Vs.

1. The Managing Director, The Tamil Nadu State Transport Corporation, (Tirunelveli) Ltd, Tirunelveli Division, Tirunelveli - 3

2. The General Manager, The Tamil Nadu State Transport Corporation, (Tirunelveli) Ltd, Nagercoil Region, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to disburse the wages for the period of non employment and other benefits from 31.10.2005 with continuity of service of the petitioner and consequently direct the respondents to fix equal pay to the petitioner at Rs.13,800/- on par with his colleagues.

For Petitioner : Mr.R.Russel Raj For Respondents : Mr.K.Sathya Singh

ORDER

This writ petition has been filed seeking to direct the respondents to disburse the wages for non-employment period and other benefits and to fix equal pay to the petitioner on par with his colleagues.

2.The learned Counsel for the petitioner submitted that the petitioner seeking disbursement of his wages for the nonemployment period, made a representation on 22.03.2017. Since no action was taken on the representation, he filed the present writ petition. However, subsequent to the filing of the writ petition, the petitioner was acquitted from the criminal proceedings. Hence, he prayed for necessary directions to the respondents qua his claim.

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3.The learned Standing Counsel appearing for the respondents fairly submitted that the grievance of the petitioner would be addressed within the time stipulated by this Court. 4.Under such circumstances, the petitioner is directed to produce the relevant documents along with a copy of this order to the respondents within a period of two weeks from the date of receipt of the same and on such production, the respondents are directed to consider the same, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks thenceforth.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Managing Director, The Tamil Nadu State Transport Corporation, (Tirunelveli) Ltd, Tirunelveli Division, Tirunelveli - 3

2. The General Manager, The Tamil Nadu State Transport Corporation, (Tirunelveli) Ltd, Nagercoil Region, Kanyakumari District.

+1 CC to Mr.R.RUSSEL RAJ, Advocate ( SR-55055[F] dated 19/03/2019 ) +1 CC to Mr.K.SATHIYA SINGH, Advocate ( SR-55729[F] dated 21/03/2019 ) ORDER MADE IN WP(MD)No.13312 of 2017 19.03.2019 dsk TK/ (16.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/