Madras High CourtWP(MD)/28413/2024disposed of

S.Sultan Basha v. The Managing Director

2024-11-29Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.28413 of 2024 S.Sultan Basha ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, No.27, Railway Station New Road, Kumbakonam, Thanjavur District.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Periyamelakuparai, Trichy - 620 001.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, directing the Respondent to disburse the salary for the period 30.06.2024 to 26.10.2024 and consequently to direct the respondent to allot the duty to the petitioner by considering the basis of the representation dated 05.11.2024.

For Petitioner : Mr.R.Mathava Selvam For Respondents : Mr.K.Ramaiah TNSTC Standing Counsel 1/4

O R D E R

The instant writ petition has been filed by a driver of the respondent transport corporation, seeking a mandamus to disburse the salary for the period from 30.06.2024 to 26.10.2024 and direct the respondents to allot duty to the petitioner considering his representation dated 05.11.2024.

2. According to the learned Counsel appearing for the petitioner, due to law and order problem arising out of criminal case filed as against the writ petitioner, the respondents directed him not to attend duty. However, on 05.11.2024, he has given a representation and hence he may be permitted to attend duty.

3.On instructions, the learned Standing Counsel appearing for the respondents submitted that the petitioner had remained unauthorisedly absent from 09.07.2024 to till date. A charge memo has been issued to the petitioner and the petitioner has appeared for enquiry on 28.11.2024. In case, if the petitioner reports for duty, he would be permitted to attend duty. 2/4

4.Considering the above said facts, the petitioner is directed to report for duty on 02.12.2024. The respondent authorities are directed to permit the petitioner to attend duty. The payment of salary will be subject to the result of enquiry.

5.With the above said observations, this writ petition stands disposed of. No costs.

29.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR Note: Issue order copy on 29.11.2024 To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, No.27, Railway Station New Road, Kumbakonam, Thanjavur District.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Periyamelakuparai, Trichy - 620 001.

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R.VIJAYAKUMAR, J.

RJR W.P(MD)No.28413 of 2024 28.11.2024 4/4