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Madras High CourtWP(MD)/26393/2024disposed of

M.Kathirselvam v. The General Manager

2024-11-05Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.26393 of 2024 M.Kathirselvam ... Petitioner Vs.

1. The General Manager, Tamil Nadu State Transport Corporation Tvl Limited, Tirunelveli Region, Vannarpettai, Tirunelveli.

2. The Assistant Manager, Tamil Nadu State Transport Corporation Tvl Limited, Tirunelveli Region, Vannarpettai, Tirunelveli.

3. The Branch Manager, Tamil Nadu State Transport Corporation Tvl Limited, Puliyangudi Branch, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to allot duty to the petitioner (Employment No.8868) and consequently to pay 1/5

the petitioner his salary with arrears from 21.06.2024 by considering the representation given by the petitioner dated 26.08.2024 and 27.09.2024. For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.D.Jebaraj Standing Counsel

O R D E R

The instant Writ Petition has been filed by a Driver of the respondent Transport Corporation, seeking a Mandamus as against the first respondent to allot duty and disburse the salary from 21.06.2024 onwards.

2. It is the contention of the learned counsel appearing for the writ petitioner that the petitioner was prevented by the third respondent from attending duty from 21.06.2024 onwards. The petitioner has given representations to various authorities on 26.08.2024 and 27.09.2024 stating that he has not been permitted to attend duty.

3. Per contra, the learned Standing Counsel appearing for the respondent Transport Corporation submits that the petitioner is unauthorisedly absent from 21.06.2024 and he has never attended duty. 2/5

4. In view of the above said facts, there shall be a direction to the respondent authorities to permit the petitioner to join duty from 06.11.2024 onwards. However, permitting the petitioner to join duty is without prejudice to the proceedings which have already been initiated as against the writ petitioner.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

05.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi Note: Issue order copy on 05.11.2024 3/5

To

1. The General Manager, Tamil Nadu State Transport Corporation Tvl Limited, Tirunelveli Region, Vannarpettai, Tirunelveli.

2. The Assistant Manager, Tamil Nadu State Transport Corporation Tvl Limited, Tirunelveli Region, Vannarpettai, Tirunelveli.

3. The Branch Manager, Tamil Nadu State Transport Corporation Tvl Limited, Puliyangudi Branch, Tenkasi District.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.26393 of 2024 05.11.2024 5/5