C.Sugumaran vs The Managing Director
2022 Latest Caselaw 1378 Mad

                                                                                    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
                                                        --------------
                                                        ORDER

The case of the petitioner is that he was working as Driver in the

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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

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

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