S.Sekar vs The Managing Director
2026 Latest Caselaw 2712 Mad

Madras High Court

S.Sekar vs The Managing Director on 21 May, 2026

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                              W.P.(MD)No.14230 of 2026


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 21.05.2026

                                                      CORAM:

                    THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                            W.P.(MD)No.14230 of 2026
                                                     and
                                           W.M.P.(MD)No.10652 of 2026

                 S.Sekar                                                    ... Petitioner

                                                         -vs-

                 1.The Managing Director,
                   Tamil Nadu State Marketing Corporation (TASMAC),
                   4th Floor, CMDA Building Tower II,
                   Gandhi Irwin Bridge Road,
                   Egmore, Chennai - 600008.

                 2.The Senior Regional Manager,
                   Tamil Nadu State Marketing Corporation (TASMAC),
                   No.100, Anna Nagar, Madurai 20.

                 3.The District Manager,
                   Tamil Nadu State Marketing Corporation (TASMAC),
                   Ramanathapuram District.                         ... Respondents

                 Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
                 praying this Court to issue a Writ of Mandamus, directing the respondents to
                 reinstate the petitioner into service forthwith with continuity of service, full back
                 wages/subsistence allowance, and all other attendant benefits by revoking

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                                                                                 W.P.(MD)No.14230 of 2026


                 prolonged suspension of the petitioner, which has been extended without any
                 proper investigation or departmental enquiry within the stipulated time based on
                 the petitioner's representation dated 13.05.2026.


                           For Petitioner           : Mr.C.Selvakumar

                           For Respondents          : Mr.S.Sivanesha,
                                                          Standing Counsel.


                                                          ORDER

This writ petition is filed for a Mandamus directing the respondents to

reinstate the petitioner into service with the continuity of service, backwages and

subsistence allowance and other attendant benefits.

2.Upon hearing the learned counsel for the petitioner, the case of the

petitioner is that the petitioner was working as Supervisor in TASMAC Shop

No.7001 under the respondent corporation. Whileso, he was suspended from

service on 26.08.2025, the petitioner earlier approached this Court by filing

W.P.(MD)No.23953 of 2025 and since it was dismissed, he filed

W.A.(MD)No.3193 of 2025. The Hon'ble Division Bench disposed of the writ

appeal by directing the respondents to complete the disciplinary proceedings

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within a period of six months from the date of receipt of a copy of the order.

Thereafter, neither the disciplinary proceedings are completed nor the petitioner is

reinstated and subsistence allowance is also not paid. Therefore, the petitioner is

before this Court.

3.When the matter came up for hearing, the learned standing counsel

appearing on behalf of the respondents would submit that subsequently, the

petitioner himself came forward to forego the subsistence allowance / backwages

on the basis of “no work no pay” in the event of leniency in punishment and

considering his request, final orders have been passed concluding his disciplinary

proceedings on 09.02.2026. It was decided to take into account the payment of

an amount of Rs.11,800 by the petitioner and since the petitioner had also filed an

affidavit of undertaking not to commit any such mistake in future, the period of

suspension was ordered to be treated as substantive punishment and the

disciplinary proceedings is closed. It is further stated by the learned standing

counsel that the said order dated 09.02.2026 is placed before the higher

authorities for their approval. Once the approval is obtained, immediately, it will

be implemented and the petitioner will be reinstated into service.

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4.Recording the same and further directing the authorities to complete the

exercise of approving and reinstating the petitioner in accordance with law within

a period of one month from the date of receipt of the web copy of the order, this

writ petition stands disposed of. No costs. Consequently, connected

miscellaneous petition is closed.

21.05.2026 NCC : No ias

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D.BHARATHA CHAKRAVARTHY, J.

ias

21.05.2026

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