Citation : 2022 Latest Caselaw 8816 Mad
Judgement Date : 26 April, 2022
W.P(MD).No.20939 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.20939 of 2019
Veerammal ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep by its Principal Secretary,
Transport Department,
Fort St. George,
Secretariat,
Chennai-600 009.
2.The Managing Director,
Tamil Nadu State Transport Corporation(KUM) Ltd.,
Railway Station New Road,
Kumbakonam.
3.The General Manager,
Tamil Nadu State Transport Corporation (KUM) Ltd.,
Regional Office,
Thirumayam Salai,
Pillaithanneerpanthal,
Pudukkottai District.
4.Meyyanathan @ Meyyaram ...Respondents
1
https://www.mhc.tn.gov.in/judis
W.P(MD).No.20939 of 2019
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 1 to 3 herein to take
appropriate disciplinary action against the 4th respondent and further
enter the name of the petitioner and her children in the service register as
nominee and legal heir of the 4 th respondent, on the basis of the
petitioner's representation dated 07.08.2019.
For Petitioner : MrK.Gokul
For R1 : Mr.D.S.Nedunchezhian,
Government Advocate
For R2&R3 : Mr.D.Sivaraman
For R4 : Mr.D.Ramesh Kumar
ORDER
The relief sought for in the present writ petition is to direct the
respondents 1 to 3 to take appropriate disciplinary action against the
fourth respondent and further enter the name of the petitioner and her
children in the Service Register as nominee.
2.The petitioner is working as a Driver in the respondent Transport
Corporation. The writ petitioner claims that she is the legally wedded
wife of the fourth respondent employee. The first limb of the prayer is to
direct the respondent to initiate appropriate disciplinary action.
https://www.mhc.tn.gov.in/judis W.P(MD).No.20939 of 2019
3.The learned counsel for the respondent states that disciplinary
actions were already initiated and the punishment of stoppage of
increment for one year was imposed. Thus, disciplinary proceedings were
concluded.
4.Regarding the enter of the name of the writ petitioner in the
Service Register, the petitioner has to establish her marital status before
the competent Civil Court of Law. If the same is established before the
Competent Court of Law and if such judgment of decree is produced,
then alone, the authority has to initiate appropriate action. As the
adjudication cannot be done either in a writ petition or by the competent
authority, the petitioner is at liberty to approach the competent of Court
of law for getting appropriate relief.
5.With theses observations, this Writ Petition is disposed of. No
costs.
26.04.2022
Index:Yes/No Internet:Yes/No Ns
https://www.mhc.tn.gov.in/judis W.P(MD).No.20939 of 2019
S.M.SUBRAMANIAM,J.
Ns
To
1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Trichirappalli Region, Periyamilaguparai, Trichirappalli -1.
3.The Branch Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Trichy Moffusal Branch, Trichy.
ORDER MADE IN W.P.(MD)No.20939 of 2019
26.04.2022
https://www.mhc.tn.gov.in/judis
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