S.Sekar v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2026

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.10652 of 2026 S.Sekar ... Petitioner -vs1.The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), 4th Floor, CMDA Building Tower II, Gandhi Irwin Bridge Road, Egmore, Chennai - 600008.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC), No.100, Anna Nagar, Madurai 20.

3.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC), Ramanathapuram District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to reinstate the petitioner into service forthwith with continuity of service, full back wages/subsistence allowance, and all other attendant benefits by revoking

prolonged suspension of the petitioner, which has been extended without any proper investigation or departmental enquiry within the stipulated time based on the petitioner's representation dated 13.05.2026. For Petitioner : Mr.C.Selvakumar For Respondents : Mr.S.Sivanesha, Standing Counsel.

ORDER

This writ petition is filed for a Mandamus directing the respondents to reinstate the petitioner into service with the continuity of service, backwages and subsistence allowance and other attendant benefits. 2.Upon hearing the learned counsel for the petitioner, the case of the petitioner is that the petitioner was working as Supervisor in TASMAC Shop No.7001 under the respondent corporation. Whileso, he was suspended from service on 26.08.2025, the petitioner earlier approached this Court by filing W.P.(MD)No.23953 of 2025 and since it was dismissed, he filed W.A.(MD)No.3193 of 2025. The Hon'ble Division Bench disposed of the writ appeal by directing the respondents to complete the disciplinary proceedings

within a period of six months from the date of receipt of a copy of the order. Thereafter, neither the disciplinary proceedings are completed nor the petitioner is reinstated and subsistence allowance is also not paid. Therefore, the petitioner is before this Court.

3.When the matter came up for hearing, the learned standing counsel appearing on behalf of the respondents would submit that subsequently, the petitioner himself came forward to forego the subsistence allowance / backwages on the basis of "no work no pay" in the event of leniency in punishment and considering his request, final orders have been passed concluding his disciplinary proceedings on 09.02.2026. It was decided to take into account the payment of an amount of Rs.11,800 by the petitioner and since the petitioner had also filed an affidavit of undertaking not to commit any such mistake in future, the period of suspension was ordered to be treated as substantive punishment and the disciplinary proceedings is closed. It is further stated by the learned standing counsel that the said order dated 09.02.2026 is placed before the higher authorities for their approval. Once the approval is obtained, immediately, it will be implemented and the petitioner will be reinstated into service.

4.Recording the same and further directing the authorities to complete the exercise of approving and reinstating the petitioner in accordance with law within a period of one month from the date of receipt of the web copy of the order, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

21.05.2026 NCC : No ias

D.BHARATHA CHAKRAVARTHY , J.

ias 21.05.2026