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Madras High CourtWP(MD)/20939/2019disposed of

Veerammal v. The Govt. Of Tamil Nadu

2022-04-26Honourable Mr Justice S.M. Subramaniam2 pages

W.P(MD).No.20939 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.20939 of 2019 Veerammal ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep by its Principal Secretary, Transport Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation(KUM) Ltd., Railway Station New Road, Kumbakonam.

3.The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., Regional Office, Thirumayam Salai, Pillaithanneerpanthal, Pudukkottai District.

4.Meyyanathan @ Meyyaram

...Respondents

PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to take appropriate disciplinary action against the 4th respondent and further enter the name of the petitioner and her children in the service register as nominee and legal heir of the 4th respondent, on the basis of the petitioner's representation dated 07.08.2019.

For Petitioner: MrK.Gokul For R1 : Mr.D.S.Nedunchezhian, Government Advocate For R2&R3 : Mr.D.Sivaraman For R4 : Mr.D.Ramesh Kumar https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.20939 of 2019

ORDER

The relief sought for in the present writ petition is to direct the respondents 1 to 3 to take appropriate disciplinary action against the fourth respondent and further enter the name of the petitioner and her children in the Service Register as nominee. 2.The petitioner is working as a Driver in the respondent Transport Corporation. The writ petitioner claims that she is the legally wedded wife of the fourth respondent employee. The first limb of the prayer is to direct the respondent to initiate appropriate disciplinary action.

3.The learned counsel for the respondent states that disciplinary actions were already initiated and the punishment of stoppage of increment for one year was imposed. Thus, disciplinary proceedings were concluded.

4.Regarding the enter of the name of the writ petitioner in the Service Register, the petitioner has to establish her marital status before the competent Civil Court of Law. If the same is established before the Competent Court of Law and if such judgment of decree is produced, then alone, the authority has to initiate appropriate action. As the adjudication cannot be done either in a writ petition or by the competent authority, the petitioner is at liberty to approach the competent of Court of law for getting appropriate relief.

5.With theses observations, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 1.The Principal Secretary,Government of Tamil Nadu, Transport Department, Fort St. George, Secretariat, Chennai-600 009.

+1 CC to M/s.D. SIVARAMAN, Advocate ( SR-21624[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21842[F] dated 27/04/2022 ) ORDER MADE IN W.P.(MD)No.20939 of 2019 26.04.2022 SVS(CO) TR(14.06.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2