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Madras High CourtWP(MD)/18330/2024disposed of

R.Sakthivel v. Tamilnadu State Transport Corporation (Madurai) Limited

2024-08-02Honourable Ms Justice R.N.Manjula5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA R.Sakthivel ... Petitioner Vs

1. Tamil Nadu State Transport Corporation (Madurai) Limited, Rep by its Managing Director, Bye-Pass Road, Madurai.

2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose petitioner appeal, dated 01.08.2023 within time stipulated by this Court.

For Petitioner : Mr. C.Jeganathan for M/s.Ajmal Associates For Respondents : Mr.Ramachandra Pradeep Standing Counsel 1/5

ORDER

Heard Mr.C.Jeganathan, learned counsel for the petitioner and Mr.Ramachandra Pradeep, learned Standing Counsel, for the respondents. 2.This Writ Petition has been filed for a direction to the 1st respondent to dispose the petitioner's appeal, dated 01.08.2023.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. The petitioner, who was working as a Driver, has suffered vision defect and hence, he was declared unfit. Therefore, he requested the respondent to post him as a Time Keeper and the same was not considered. In this regard, he has also preferred a writ petition in WP(MD0 No.12161 of 2021. Pursuant to the direction given by this Court, he has sent a representation to the respondents seeking for alternative employement. However, the same was not considered so far. In the meanwhile, he has been issued with a charge memo, dated 28.03.2022. In this regard, disciplinary proceedings has been initiated by the 2nd respondent and he had been imposed with a punishment of stoppage of 2/5

increment for a period of two years with cumulative effect. Challenging the same, the petitioner has preferred an appeal before the 1st respondent on 01.08.2023 and the same is pending without any order. Hence, this writ petition seeking direction.

5.In view of the long pendency of the appeal and in the interst of justice, appropriate direction has to be given to the respondent No.1. 6.Thus, this writ petition is disposed with direction to the first respondent to pass orders on the petitioner's appeal, dated 01.08.2023 within a period of four weeks from the date of receipt of copy of this order. It is made clear that this Court has not gone into the merits of the case or the claim of the petitioner and it is open to the respondents to consider the same on its own merits. No costs.

02.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/5

To

1. Tamil Nadu State Transport Corporation (Madurai) Limited, Rep by its Managing Director, Bye-Pass Road, Madurai.

2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai.

4/5

R.N.MANJULA, J.

PNM ORDER IN 02.08.2024 5/5