N.Ananthakrishnan v. The Secretary to Government

ORDER This writ petition has been filed by the petitioner seeking to quash the order dated 29.11.2024 passed by the second respondent and direct the second respondent to give the retirement benefits of the petitioner considering his service for the period of twenty three years and eleven months.

¶2It is the case of the petitioner that he had joined the services at the Tambaram Depot of the respondent/Corporation on 18.11.1988 as a Driver and was made permanent on 01.11.1989. He had continued in service for the period Page3 of 6 of twenty three years and eleven months and he was superannuated on

30.06.2019 as a Special Grade Diver. However, he was removed from service on the ground that, between 01.01.2012 to seventh month of 2016, he had worked only for a period of 167 days and remained absent for 1507 days and was a habitual absentee from 10.03.2013. Without considering his long service and without giving advise him to avail voluntary retirement, the petitioner was unceremoniously removed from service by the impugned order.

¶3The learned counsel appearing for the petitioner would submit that the long absence of the petitioner was on account of certain family circumstances, which, the Enquiry Officer had not taken note of. The petitioner had been continuously sending representation to the third respondent, which were not considered and therefore, the petitioner had filed W.P.No.19803 of 2024 and vide order dated 23.07.2024, the same was dismissed on the ground that the petitioner had directly filed the writ petition. Therefore, the petitioner filed an appeal on 30.08.2024 and the same has been rejected by order dated

29.11.2024 on the ground of latches and therefore, the petitioner is before this Court.

¶4The learned counsel appearing for the respondents would submit that the petitioner had already challenged his termination in W.P.No.19803 of 2024, in which, this Court, after considering the number of days that the Page4 of 6 petitioner had been unauthorizedly absent from work, opined that the petitioner, who had an appeal remedy, had failed to avail the same for the past eight years and had directly approached this Court. The Court ultimately stated that there was no infirmity or illegality in the order passed by the second respondent and dismissed the said writ petition. However, the petitioner has now filed this writ petition claiming retirement benefits.

¶5Heard the learned counsel on either side and perused the records.

¶6The petitioner had been terminated from service as early as on

29.11.2024, which has been upheld by the orders of this Court in W.P.No.19803 of 2024 on 23.07.2024. Therefore, I find no merits in the case of the petitioner and the writ petition is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. 09-03-2026 Index: Yes/No Speaking/Non-speaking order nsd Page5 of 6 To

¶1The Secretary To Government Government Of Tamil Nadu Tamil Nadu State Transport Corporation Department Fort St.George, Chennai-600 009

¶2The Managing Director Tamil Nadu State Transport Corporation(Villupuram)Ltd, Vazhuthereddy Villupuram-605 602

¶3The General Manager Tamil Nadu State Transport Corporation(Villupuram)Ltd Kanchipuram Division Karaipettai Kanchipuram-631 552

¶4The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai, Chennai-600 002 Page6 of 6 P.T.ASHA J. nsd 09-03-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA N.Ananthakrishnan S/o.Narayanan (Driver staff No.41258) No.9, Asaithambi street Manavala Nagar and Post Tiruvallur District -602 002 ..Petitioner(s) Vs 1. The Secretary to Government Government of Tamil Nadu Tamil Nadu State Transport Corporation Department, Fort St.George, Chennai-600 009 2. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthereddy Villupuram-605 602 3. The General Manager Tamil Nadu State Transport Corporation(Villupuram) Limited Kanchipuram Division Karaipettai, Kanchipuram-631 552 4. The Administrator Tamil Nadu State Transport corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House Pallavan Salai, Chennai-600 002 ..Respondent(s) Page2 of 6 Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the impugned order by Letter No.19803/L1/MACT/Kpm/2024 dated 29.11.2024 on the file of the second respondent, quash the same as arbitrary, illegal and unjustified and directed the second respondent to give the petitioner's retirement benefits by considering the petitioner's service for the period of 23 years and 11 months as Senior Driver and as well as not giving any advice or guidance for the petitioner's opportunity of voluntary retirement, even for compulsory retirement. For Petitioner(s): Mr.R.Anbalagan For R1: For RR 2 & 3: Mr.R.V.Dinesh Rajkumar Additional Government Pleader Ms.S.Pavithra Standing Counsel