Madras High Court
T.Paramasamy vs The Managing Director on 25 January, 2021
W.P.(MD)No.13491 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:25.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.13491 of 2016
T.Paramasamy ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Bye Pass Road, Madurai-625 016.
2.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Dindigul Region, Dindigul-4. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to revise
the pay of the petitioner from the date of reversion on 29.04.2008 and
consequently, revise the pension from the date of retirement on
30.04.2016 in terms of the 12(3) settlement dated 30.09.1992 and also
based on the judgment of the Judicial Magistrate Court, Periyakulam in
CC.No.299/2007 dated 20.10.2015.
1/5
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W.P.(MD)No.13491 of 2016
For Petitioner : Mr.S.Govindan
For Respondents : Mr.J.Senthil Kumaraiah
Standing Counsel
ORDER
This writ petition is filed by the petitioner to direct the respondents
to revise the pay of the petitioner from the date of reversion on
29.04.2008 and consequently, revise the pension from the date of
retirement on 30.04.2016 in terms of the 12(3) settlement dated
30.09.1992 and also based on the judgment of the Judicial Magistrate
Court, Periyakulam in CC.No.299/2007, dated 20.10.2015.
2.The case of the petitioner is that he was issued with charge
memo dated 29.04.2008 alleging that he was responsible for the accident
occurred on 02.09.2007 by driving the lorry in a rash and negligent
manner. Thereafter, an enquiry was conducted on 05.10.2007 and a
proven minute was submitted by the Enquiry Officer stating that the
charges levelled against the petitioner was proved. The petitioner was
issued with second show cause notice on 18.03.2008, for which, he has
submitted his explanation. Without considering the same, the order of
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W.P.(MD)No.13491 of 2016
reversion was passed on 29.04.2008. In such circumstances, the
petitioner was retired from service. After his retirement, the petitioner has
received revised pension based on the reversion order. In this regard, the
petitioner has made representations dated 22.08.2008, 20.03.2016 and
10.04.2016. However, till date, no order has been passed. Hence, the
present writ petition is filed.
3.The learned Standing Counsel appearing for the respondents
submitted that the petitioner was reverted from the original post by the
respondent/Management on 29.04.2008. But, without challenging the
said reversion order, filing the writ petition is not maintainable. Hence,
he prays for dismissal of the present Writ Petition.
4.The learned counsel appearing for the petitioner submitted that
this Court may grant liberty to the petitioner to file a fresh writ petition
challenging the order of reversion.
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W.P.(MD)No.13491 of 2016
5.Considering the submissions made on either side, this Court,
without expressing any opinion on the merits of the matter, permits the
petitioner to file a fresh writ petition challenging the order of reversion
passed by the respondent/Management.
6.With the above direction, this Writ Petition is disposed of. No
costs.
25.02.2021
Index:Yes/No
Internet:Yes/No
Ns
To
1.The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Bye Pass Road, Madurai-625 016.
2.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Dindigul Region, Dindigul-4.
http://www.judis.nic.in
W.P.(MD)No.13491 of 2016
M.DHANDAPANI,J.
Ns
W.P.(MD)No.13491 of 2016
25.02.2021
http://www.judis.nic.in
