← Library
Madras High CourtWP(MD)/24860/2025disposed of

Gunasekaran v. Tamil Nadu State Marketing Corporation Ltd.,

2025-09-12Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/09/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and WMP(MD)Nos.19528, 19529 and 19531 of 2025 Gunasekaran ... Petitioner Vs

1. Tamil Nadu State Marketing C, Orporation Ltd.,, (Tasmac), Rep by its Managing Director, Cmda Tower-Ii, IVth Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.

2. The Senior Regional Manager,, Tamil Nadu State Marketing Corporation Ltd.,(Tasmac), Plot No.100, Anna Nagar, Madurai-625 020.

3. The District Manager,, Tamil Nadu State Marketing Corporation Ltd.,(Tasmac), Dindigul District Office, Dindigul.

... Respondents 1/6

PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records in Na.Ka.No.0047/2025/A2 dated 21.07.2025 passed by the 3rd respondent and quash the same as arbitrary, illegal and unlawful and consequently direct the respondents to reinstate the petitioner herein to work as a salesman in TASMAC retail shop No.3379, Dindigul District based upon the petitioners representation dated 09.08.2025 with continuity of monetary and service benefits, within the time frame fixed by this Court.

For Petitioner : Mr. S.Kishore Kumar, Advocate.

For Respondents : Mr.H.Arumugam, Standing Counsel

ORDER

This Writ Petition is filed seeking Writ of Certiorarified Mandamus calling for the records in Na.Ka.No.0047/2025/A2 dated 21.07.2025 passed by the 3rd respondent and quash the same and consequently direct the respondents to reinstate the petitioner herein to work as a salesman in TASMAC retail shop No.3379, Dindigul District based upon the petitioners representation dated 09.08.2025 with continuity of monetary and service benefits, within the time frame fixed 2/6

by this Court.

2. This Court has considered the submission of learned counsel on either side and perused the materials available on record.

3. It is brought to notice by the learned counsel for the respondents that the enquiry had been completed and report has also been received from the enquiry officer. Second show cause notice is to be issued to the petitioner calling for his further explanation.

4. In such view of the matter, there shall be a direction to the third respondent to bring the disciplinary proceedings initiated against the petitioner to its logical conclusion within a period of four weeks from the date of receipt of a copy of this order.

5. Learned counsel for the petitioner would submit that the subsistence allowance has not been paid.

6. The respondents are directed to pay subsistence allowance as 3/6

provided under law to the petitioner. It is made clear that if subsistence allowance is not paid to the petitioner, the disciplinary proceedings initiated and any order passed thereon, should be set at naught, for nonpayment of subsistence allowance.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 12.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Note : Issue order copy on 24.09.2025 pnn 4/6

To

1. Tamil Nadu State Marketing Corporation Ltd.,, (Tasmac), Rep by its Managing Director, CMDA Tower-Ii, IVth Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.

2. The Senior Regional Manager,, Tamil Nadu State Marketing Corporation Ltd.,(Tasmac), Plot No.100, Anna Nagar, Madurai-625 020.

3. The District Manager, Tamil Nadu State Marketing Corporation Ltd.,(Tasmac), Dindigul District Office, Dindigul.

5/6

K.KUMARESH BABU, J.

pnn

ORDER

IN and WMP(MD)Nos.19528, 19529 and 19531 of 2025 Date : 12/09/2025 6/6