W.P.No.1088 of 2022
In the High Court of Judicature at Madras
Dated: 28.01.2022
Coram
The Honourable Mr.JUSTICE V.PARTHIBAN
W.P.No.1088 of 2022
C.Sugumaran
.... Petitioner
Vs.
The Managing Director,
Metropolitan Transport Corporation,
Pallavan House, Chennai – 600 002.
.... Respondent
PETITION filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus directing the respondent to
consider the petitioner's representation dated 04.10.2021 and thereby
direct the respondent to give salary to the petitioner for the period of
March, 2014 to September, 2014.
For Petitioner : Mr. N.Palanisamy
For Respondent: Mr.K.Moorthy
Standing Counsel
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ORDER
The case of the petitioner is that he was working as Driver in the https://www.mhc.tn.gov.in/judis 1 W.P.No.1088 of 2022 respondent Corporation. On 23.02.2014 while driving the Metropolitan Transport Corporation bus bearing registration No.TN 01 N 8290, he was involved in an accident and a case was registered under Section 279 and 338 of I.P.C. on the file of T12 Poonamallee Traffic Investigation Wing.
2. According to the petitioner, the Investigation Wing had forcibly seized his licence and impounded the same. Thereafter, he was not provided with any work for a period of six months from April, 2014 to September, 2014. Thereafter, a charge sheet was filed in C.C.No.345 of 2014 on the file of the Judicial Magistrate, Ambattur. Finally, the petitioner was acquitted in the criminal case vide judgment dated 28.03.2017.
3. According to the petitioner, he had approached the respondent Corporation for payment of salary for the period April, 2014 to September, 2014 and the same having not been considered, he is before this Court with a prayer for issuance of Writ of Mandamus.
4. Apart from the above facts, nothing has been stated in specific terms as to why he was not allowed to perform duty between April, 2014 to September, 2014. There is also no explanation at all in the entire affidavit why the petitioner is approaching this Court in 2022 after a lapse of 8 years. Even giving the benefit of doubt that he was waiting for the https://www.mhc.tn.gov.in/judis 2 W.P.No.1088 of 2022 outcome of the criminal case initiated against him, the criminal case ended in acquittal as early as on 28.03.2017. Even thereafter, nearly 5 years have gone by, the affidavit also does not disclose as to how he is entitled to the payments in the first place.
5. This Court is unable to countenance the case of the petitioner, both on merits and also on the ground that the claim is extremely stale and hopelessly time barred.
6. For the above stated reasons, this Writ Petition stands dismissed. No costs.
28.01.2022 Index: Yes/No Speaking/non-speaking order sl To The Managing Director, Metropolitan Transport Corporation, Pallavan House, Chennai – 600 002.
https://www.mhc.tn.gov.in/judis 3 W.P.No.1088 of 2022 V.PARTHIBAN,J.
Sl W.P.No.1088 of 2022 28.01.2022 https://www.mhc.tn.gov.in/judis 4