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Madras High CourtWP(MD)/18758/2016disposed of

C.Nagarajan, S/O.S.Chellappan, v. The Senior Regional Manager,

2016-09-30Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.18758 of 2016 C.Nagarajan ... Petitioner vs.

1)The Senior Regional Manager, TASMAC, No.100, Anna Nagar, Madurai-20, Madurai District.

2)The District Manager, TASMAC, Munneerpallam, Tirunelveli District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent No.1 to dispose of the petitioner's appeal dated 28.11.2015 within the time stipulated by this Hon'ble Court. For Petitioner : Mr.S.Louis For Respondents : Mr.M.Muniyasamy

ORDER

The petitioner is a Salesman working under the respondents; by order dated 07.05.2015, the 2nd respondent relieved the petitioner from service; the petitioner filed W.P(MD)No.8884 of 2015 challenging the said order dated 07.05.2015; this Court disposed of the said writ petition, clarifying that the order dated 07.05.2015 is only a suspension order and that the petitioner is entitled to subsistence allowance; according to the petitioner, even after the disposal of the said writ petition, he was not paid with subsistence allowance; thereafter, the 2nd respondent issued an order dated 30.09.2015, terminating the petitioner from service; challenging termination, the petitioner filed an Appeal dated 28.11.2015 to the 1st respondent and the same is pending and contending that despite his representations and reminders, the 1st respondent is not taking any steps to dispose of his Appeal, the petitioner has filed this writ petition to direct the 1st respondent to dispose of the Appeal https://hcservices.ecourts.gov.in/hcservices/

dated 28.11.2015, within a time frame to be fixed by this Court. 2.The prayer in this writ petition lies in a narrow compass. 3.The learned standing counsel for the respondents submitted that it is agreeable for the 1st respondent to dispose of the Appeal dated 28.11.2015 preferred by the petitioner, within a time frame to be fixed by this Court.

4.Recording the above submission, this Writ Petition is disposed of directing the 1st respondent to consider the petitioner's Appeal dated 28.11.2015 and to pass appropriate orders thereon, after affording opportunity to the petitioner to put forth his case, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1)The Senior Regional Manager, TASMAC, No.100, Anna Nagar, Madurai-20, Madurai District.

2)The District Manager, TASMAC, Munneerpallam, Tirunelveli District.

+ 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 57851 NBI SH/SKS-RR : 19/10/2016 : 2P/4C W.P(MD)No.18758 of 2016 30.09.2016 https://hcservices.ecourts.gov.in/hcservices/