Writ petition challenging a two-year increment cut was dismissed as the High Court held that an effective alternative remedy existed and the petition was filed after a six-year delay. The court directed the filing of an appeal.
No order as to costs. Connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.24889 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.10.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.24889 of 2023 and W.M.P(MD)No.21067 of 2023
S.Asaithambi
... Petitioner
Vs.
Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Thanjavur District.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling entire records pertaining to impugned order, dated 14.08.2017 in No.jmNghf/b2/Fe2/032/2017 passed by the second respondent imposing 2 (two) year increment cut and quash the same and consequently direct the second respondent to re-calculate the salary and other allowances of the
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W.P(MD)No.24889 of 2023
petitioner from 01.03.2023 till date without imposing the punishment of 2 year increment cut and direct the second respondent to pay the balance amount to the petitioner with 6% interest.
For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Jagadees Balan Standing Counsel
ORDER
The present writ petition has been filed by a Conductor of the respondent Transport Corporation challenging an order of the second respondent wherein, he was imposed with a punishment of stoppage of increment for a period of two years.
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W.P(MD)No.24889 of 2023
respondent on or before 30.11.2023 , the same shall be entertained by the first respondent and orders may be passed on merits and in accordance with law.
There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
31.10.2023
NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Thanjavur District.
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W.P(MD)No.24889 of 2023
R.VIJAYAKUMAR, J.
BTR
W.P(MD)No.24889 of 2023
31.10.2023
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1 issue framed by the court
Whether a writ petition challenging a service punishment order after a six-year delay should be entertained when an alternative remedy exists.
1 provisions across 1 enactments
S.Asaithambi
The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited
The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
