R. Krishnamoorthy v. The Managing Director Tamil Nadu State Transport Corporation
2006-06-17
P.SATHASIVAM, V.DHANAPALAN
body2006
DigiLaw.ai
Judgment :- (Writ Appeal filed under Clause 15 of the Letters of Patent against the order of the learned Judge Mr. Justice D. Murugesan dated 08.03.2 006 made in W.P.No.6647 of 2006.) P. Sathasivam, J. The above writ appeal has been filed against the order of the learned single Judge dated 08.03.2006 made in Writ petition No.6647 of 2006. 2. Aggrieved by the proceedings of the Tamil Nadu Transport Corporation (Villupuram) Ltd., dated 17.02.2006, transferring him from Pondicherry Depot to Chidambaram Depot, the appellant has filed W.P.No.6647 of 2006. The transfer order shows that he was transferred due to administrative reasons. The learned Judge taking note of the fact that the petitioner/appellant is a physically handicapped person and transferred in the middle of the academic year, which would affect the education of his children, directed the Transport Corporation to consider his claim to allow him to continue in the same Depot till the end of academic year. Not satisfied with the limited direction issued by the learned Judge, the petitioner has preferred the present appeal. 3. Even before us, the learned counsel for the appellant submitted that the appellant is a physically handicapped person and he will retire on 31.12.2006. By pointing out the above two factual aspects, request this Court for necessary direction to the respondent/Transport Corporation for his continuance at Pondicherry Depot till 31.12.2006. 4. We heard the learned counsel for the respondent/Transport Corporation, who takes notice even at the admission stage itself. 5. According to the learned counsel for the Transport Corporation, due to altercation between the Conductor and the Driver of the Transport Corporation/appellant herein, Transport Corporation has initiated disciplinary proceedings against the appellant herein and the same is pending. Though initially the appellant was suspended, it is stated by the learned counsel for the appellant that subsequently the same was revoked. Taking note of the fact that the appellant is a physically handicapped person and going to attain superannuation by end of December, 2006, as well as taking note of his family circumstances, we are of the view that ends of justice would be met by permitting him to continue at Pondicherry Depot till 31.12.2006. It is made clear that respondent Transport Corporation is free to proceed the enquiry proceedings and depending on the outcome of the enquiry they are also free to pass appropriate orders.
It is made clear that respondent Transport Corporation is free to proceed the enquiry proceedings and depending on the outcome of the enquiry they are also free to pass appropriate orders. With the above observation, the writ appeal is disposed of. No costs. Consequently, connected WAMP., is closed.