P.Tamilarasan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Tamilarasan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., (Madurai Ltd.), Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation Ltd., (Madurai Ltd.), Madurai Region, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to reconsider the punishment of extension of the petitioner's daily wages work for a period of one year vide order passed by the first respondent dated 26.05.2012 based on the Judgment passed by the Judicial Magistrate Court No.II, Madurai, in C.C.No.542 of 2011, dated 26.07.2022 and consequently directing the respondents to pass order refixing the petitioner's pay and terminal benefits and further to pay the difference amount in wages and difference amount in permanent benefits based on the petitioner's representation dated 05.10.2022 within a time frame fixed by this Court.

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For Petitioner : Mr.D.Anbarasu For Respondents : Mr.Ramachandrapradeep Standing Counsel

O R D E R

The instant writ petition has been filed by the driver of the respondent Transport Corporation, seeking a mandamus directing the first respondent herein to reconsider the order of punishment dated 26.05.2012.

2. A perusal of the records reveal that the petitioner was imposed with the punishment of extension of daily wage service for a period of one year due to his involvement in a fatal accident. However, the petitioner was acquitted in the criminal case by the order dated 26.07.2022 passed by the Judicial Magistrate, Court No. II, Madurai, in C.C.No.542 of 2011. Subsequently, the petitioner gave a representation to the first respondent on 05.10.2022, seeking reconsideration of the said punishment order in light of the service regulations.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. Page No. 2 of 4

4. Considering the aforementioned facts, the first respondent is directed to consider the representation of the petitioner dated 05.10.2022 and pass appropriate orders on merits and in accordance with law, within a period of 12 (twelve) weeks from the date of receipt of a copy of this order.

5. In the result, this Writ Petition stands disposed of. No costs. 19.12.2024 Index: Yes/ No Speaking Order/Non-Speaking Order JEN To:

1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., (Madurai Ltd.), Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation Ltd., (Madurai Ltd.), Madurai Region, Madurai.

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R.VIJAYAKUMAR , J.

JEN 19.12.2024 Page No. 4 of 4