Madras High Court
The Managing Director vs M. Annadurai on 3 March, 2022
1 W.A.No.438 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2022
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.A.No.438 of 2022
and CMP.No.3222 of 2022
The Managing Director
Tamil Nadu State Transport
Corporation (Salem) Limited,
12, Ramakrishnan Road,
Salem - 7. ... Appellant
Vs
1. M. Annadurai
2. The State of Tamil Nadu
Rep.by the Secretary,
Transport (D) Department,
Fort St.George,
Chennai - 9.
3. The Deputy Secretary to Government
Transport (D) Department
Fort St.George,
Chennai - 9. ... Respondents
https://www.mhc.tn.gov.in/judis
2 W.A.No.438 of 2022
Prayer:Writ Appeal is filed under clause 15 of the Letter Patent praying to
set aside the order made in WP No.25144 of 2013 by the order dated
01.11.2019.
For Appellant : Mr.A.Sundaravadhanan
For Respondents : Mr.L.Chandra kumar for R1
Ms.R.L.Karthika
Govt.Advocate for R2 & R3
JUDGMENT
S.VAIDYANATHAN, J.
&
MOHAMMED SHAFFIQ, J.
The present appeal has been preferred against the order of the learned
Single Judge made in WP No.25144 of 2013 dated 01.11.2019.
2. During the course of hearing, it was brought to the attention of this
Court that similarly placed persons have obtained an order in their favour in
in W.P.No.30672 of 2007 on 23.11.2011, which culminated into
G.O.(D).No.107, Transport (D) Department, dated 05.07.2006 benefiting
several persons. Though the order of the learned single Judge was tested
before the Division Bench in W.A.Nos.898 and 899 of 2012, which came to
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be dismissed on 14.06.2012. Again the said order was challenged before the
Hon'ble Supreme Court by filing a SLP which was also dismissed.
3. The learned single Judge in the order dated 01.11.2019 has
observed as follows in paragraph No.7 of the order, which is extracted
below:-
7. A perusal of the compliance letter would show that the
judgment of the Hon'ble Division Bench of this Court in
W.A.Nos.898 and 899 of 2012, was challenged before the Hon'ble
Supreme Court by filing a SLP, which has also been dismissed.
4. These facts have not been disputed by the Appellant herein. That
being the case, we are not inclined to take a different view than the one that
has already been taken by the learned Single Judge, as the learned Single
Judge has rightly followed the Division Bench order in W.A.Nos.898 and
899 of 2012 which was affirmed by the Supreme Court by dismissing the
SLP, preferred by the State.
5. Hence, we find no reason to interfere with the order of the learned
single Judge. Accordingly the Writ Appeal is dismissed. Since the time
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granted by the learned Single Judge to the Department has already expired,
further period of three months time from the date of receipt of a copy of this
order to the Department to extend the benefits of G.O.(D)No.107, Transport
(D) Department, dated 05.07.2006 to the Writ petitioner. No costs.
Consequently connected Miscellaneous Petition is also closed.
(S.V.N.J.,) (M.S.Q.J.,)
03.03.2022
dpq
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
S.VAIDYANATHAN, J.
and
MOHAMMED SHAFFIQ, J.
dpq
1. The Secretary,
Transport (D) Department,
Fort St.George,
Chennai - 9.
2. The Deputy Secretary to Government
Transport (D) Department
Fort St.George,
Chennai - 9.
W.A.No.438 of 2022
03.03.2022
https://www.mhc.tn.gov.in/judis
