IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17/06/2006
CORAM
THE HON'BLE MR. JUSTICE P. SATHASIVAM
AND
THE HON'BLE MR. JUSTICE V. DHANAPALAN
WRIT APPEAL NO.606 OF 2006
and
WAMP.No.1245 of 2006
R. Krishnamoorthy .. Appellant
-Vs-
The Managing Director
Tamil Nadu State Transport Corporation
(Villupuram) Ltd.,
Villulpuram. .. Respondent
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.
!For appellant : Ms. M. Shakkira Banu
for Mr. D. Jeyendra Saraswathi
^For respondent : Mr. V.R. Kamalanathan
:JUDGMENT
(Judgement of the Court was delivered by 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 2 006.
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.664 7
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 31.12.200 6.
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counsel for the appellant that subsequently the same was revoked.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. With the above observation, the writ appeal is
disposed of. No costs. Consequently, connected WAMP., is closed.
To
The Managing Director
Tamil Nadu State Transport Corporation
(Villupuram) Ltd.,
Villulpuram.