K.Sivakumar v. The Managing Director

ORDER This writ petition is filed for the following relief: "To direct the 2nd respondent to convert the petitioner's period of absence from 23.05.2024 to 18.06.2024 into earned leave and release all consequential monetary benefits, including the withheld salary for the said period with applicable interest within a time frame fixed by this Court by considering the petitioner's representation dated

25.06.2025."

¶2The petitioner was appointed as a Driver on 13.05.2013 and confirmed in service and he is currently working as a Driver at Kodumudi Branch. During his service, a false complaint was lodged against him by an unknown person at Arupukkottai Police Station and a First Information Report in FIR No.39/2024 was registered. Hence, he approached Madurai Page3 of 7 Bench of this Court for an anticipatory bail and the same was granted with condition to appear before the concerned Police Station until further orders.

¶3The petitioner gave a representation dated 21.05.2024 to the 2nd and 3rd respondents to grant an earned leave for 20 days from 23.05.2024 till 11.06.2024. The 2nd respondent passed an order denying his request for earned leave in K.No.274/B4/PP2/TNSTC/CO/EM/2024 dated

01.06.2024. Thereafter, he gave a representation dated 08.06.2024 to the 2nd and respondent to grant an earned leave for 19 days from 12.06.2024 till 30.06.2024. The 2nd respondent passed an order denying his request for earned leave in K.No.323/B4/PP2/TNSTC/CO/EM/2024 dated

24.06.2024.

¶4The 2nd respondent passed a show cause notice dated 12.07.2024, seeking an explanation regarding the First Information Report in FIR No.39/2024, on the file of the Arupukkottai Police Station. Thereafter, the petitioner submitted his reply on 19.07.2024. He has also requested requisite documents to appear for a Departmental Enquiry by a letter dated

21.01.2025. He was provided with documents except the document dated Page4 of 7

03.03.2025. Therefore, the petitioner sent a representation dated

24.03.2025 seeking the documents as it is crucial for the enquiry.

¶5Thereafter, the First Information Report in FIR No.39/2024 on the file of the Arupukkottai Police Station was closed as "ACTION DROPPED" and the same was placed before the learned Judicial Magistrate Court at Arupukkottai and the same was taken in Case number: RCS/0000243/2024 and FIR has been closed by an order dated

25.04.2025. Hence, the petitioner sent a representation dated 03.05.2025 and 24.09.2025 to the 2nd respondent to conclude the enquiry and cancel the departmental enquiry. He had also sent a representation dated

25.06.2025 to the 2nd respondent to convert his absence from 23.05.2024 to

18.06.2024, as earned leave and requested to release the monetary benefits for the said period. However, his representation has not been considered. Therefore, the petitioner is before this Court.

¶6Heard the learned counsels on the either side and perused the records. Page5 of 7

¶7Considering the facts and circumstances of the case and the fact that the petitioner's representation dated 25.06.2025 has not been considered to day, the 2nd respondent is directed to consider the said representation and pass orders on its own merits. The 2nd respondent shall also take note of the fact that the complaint lodged against the petitioner has been dropped subsequently, while considering the representation.

¶8With the above direction, this writ petition is disposed of. No costs. 18-03-2026 KAN Page6 of 7 To

¶1The Managing Director Tamil Nadu State Transport Corporation (Coimbatore )Ltd., 37 Mettupalayam Road, Coimbatore 43

¶2The General Manager Tamil Nadu State Transport Corporation (Coimbatore )Ltd., Erode Region, Chennimalai Road, Erode

¶3The Branch Manager Tamil Nadu State Transport Corporation (Coimbatore )Ltd., Erode Region, Kodumudi Branch, Kodumudi Page7 of 7

P.T.ASHA, J. KAN 18-03-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA K.Sivakumar ..petitioner(s) Vs 1. The Managing Director Tamil Nadu State Transport Corporation (Coimbatore )Ltd., 37 Mettupalayam Road, Coimbatore 43 2. The General Manager Tamil Nadu State Transport Corporation (Coimbatore )Ltd., Erode Region, Chennimalai Road, Erode 3. The Branch Manager Tamil Nadu State Transport Corporation (Coimbatore )Ltd., Erode Region, Kodumudi Branch, Kodumudi ..respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, seeking writ of mandamus, directing the 2nd respondent to convert the petitioner's period of absence from 23.05.2024 to 18.06.2024 into earned leave and release all consequential monetary benefits, including the withheld salary for the said period with applicable interest within a time frame fixed by this Court by considering the petitioner's Page2 of 7 representation dated 25.06.2025. For petitioner(s): M/s. S.Balamuki For respondent(s): Mr. M.Murali Vinodh Standing Counsel