Madras High Court
B.Ravichandran vs The Managing Director on 7 December, 2022
W.P.(MD)No.4460 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.4460 of 2020
B.Ravichandran ... Petitioner
Vs.
1. The Managing Director,
Tamil Nadu State Transport Corporation,
(Kumbakonam Limited),
Trichy Region,
Trichy District.
2. The General Manager,
Tamil Nadu State Transport Corporation,
(Kumbakonam Limited),
Trichy Division,
Trichy. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus directing the respondents to grant
monetary and promotional benefits to the petitioner by cancelling the
punishment imposed on the petitioner in the light of the judgment passed in
S.T.C.No.316 of 2009 dated 03.03.2014 and based on his representation
dated 26.10.2018.
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W.P.(MD)No.4460 of 2020
For Petitioner : Mr.D.Anbarasu
For Respondents : Mr.P.Balasubramanian
Standing Counsel
ORDER
This Writ Petition has been filed for a direction to the respondents
to grant monetary and promotional benefits to the petitioner by cancelling
the punishment imposed on the petitioner in the light of the judgment
passed in S.T.C.No.316 of 2009 dated 03.03.2014, based on the
representation dated 26.10.2018 submitted by him.
2. The case of the petitioner is that the petitioner is working as a
Driver in the respondents Transport Corporation. He joined as a Driver on
25.04.2001 and his services were regularised and working as a permanent
Driver. As per the Rules, after completion of six years, the petitioner is
entitled to be promoted as a Senior Driver. The next level of promotion will
be on completion of 11 years and thereafter, the next level of promotion will
be on completion of 20 years. Further, the promotion was given to the
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W.P.(MD)No.4460 of 2020
petitioner only on completion of six years of service alone, but, such a
promotion was given only in the year 2014. Further, the petitioner was
placed under suspension on 01.06.2009 on the ground of criminal case.
Thereafter, the Criminal Court, after trial, acquitted the petitioner from the
charges and the said suspension order was revoked. But, the respondents
Transport Corporation imposed a punishment of stoppage of increment for
two years with cumulative effect. Hence, he made a representation to the
respondents on 26.10.2018 for granting monetary and promotional benefits.
But, till date, no order was passed. Therefore, the petitioner has filed the
present Writ Petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit
that it would suffice, if the concerned respondent is directed to dispose of
the representation of the petitioner, dated 26.10.2018, on merits and in
accordance with law, within a specified period.
4. The learned Standing Counsel appearing for the respondents
has no serious objection for such an order being passed by this Court.
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W.P.(MD)No.4460 of 2020
5. Considering the limited request made by the learned counsel for
the petitioner, this Court, without going into the merits of the matter, directs
the concerned respondent to consider the petitioner's representation, dated
26.10.2018 and pass appropriate orders, on merits and in accordance with
law, within a period of twelve weeks from the date of receipt of a copy of
this order.
6. With the above direction, this Writ Petition is disposed of. No
costs.
07.12.2022
Index : Yes / No
Speaking Order : Yes / No
vji
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4460 of 2020
To
1. The Managing Director,
Tamil Nadu State Transport Corporation,
(Kumbakonam Limited),
Trichy Region,
Trichy District.
2. The General Manager,
Tamil Nadu State Transport Corporation,
(Kumbakonam Limited),
Trichy Division,
Trichy.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.4460 of 2020
M.DHANDAPANI,J.
vji
W.P.(MD)No.4460 of 2020
07.12.2022
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