Madras High CourtWP(MD)/18815/2018disposed of

M.Chakravarthyvinayaka v. The Managing Director

2018-08-29Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18815 of 2018 M.Chakravarthyvinayakasaravanan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., No.21, New Railway Station Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pillai Thanneer Panthal, Thirumayam Road, Pudukottai-622 001.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kandharvakottai Branch, Pudukkotai.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to give duty in the third respondent branch and pay wages from 11.08.2018 within the time frame as may be fixed by this Court. For Petitioner : Mr.A.MU.Sharavanan For Respondents : Mr.D.Sivaraman Standing Counsel

O R D E R

This Writ Petition has been filed to direct the respondents to give duty in the third respondent branch and pay wages from 11.08.2018.

2.The petitioner, who is employed as Conductor in the respondent / Corporation, has been suspended on 11.07.2018 from service. Thereafter, on 28.07.2018 the suspension of the petitioner has been revoked, however, he has not been given any work. 3.Mr.D.Sivaraman, learned standing counsel takes notice for the respondents and submitted that the petitioner came to the office of the respondent / Corporation and received a copy of the order of https://hcservices.ecourts.gov.in/hcservices/

revocation of the suspension on 22.08.2018 and then, he was asked to go for training class. But after receipt of the revocation of suspension order he left the spot.

4.Even though on 24.08.2018, another communication was sent to the petitioner and the same has been received by the petitioner, he has not reported for training.

5.Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents / Corporation. 6.It is true that the petitioner was suspended and the same was revoked on 22.08.2018. Further, it is the matter to be decided by the respondent / Corporation as to whether the petitioner should be paid wages for the suspension period till the date of receipt of revocation of suspension order or to proceed with the enquiry. 7.Since the petitioner has obtained a letter for training, he ought to have attend the training and hence, he cannot contend that there is no training for Conductor. In view of the communication dated 27.08.2018, the petitioner shall report for training immediately and after successful completion of training, it is for the respondents / Corporation to post him in appropriate place.

Accordingly, this Writ petition is disposed of. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-III) +1CC TO MR.A.MU.SHARAVANAN, ADVOCATE IN SR.No.80963. +1CC TO MR.D.SIVARAMAN, ADVOCATE IN SR.No.81119. GNS DS RP SAR-3 :04.09.2018: 2P/3C W.P.(MD)No.18815 of 2018 29.08.2018 https://hcservices.ecourts.gov.