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2023 DAILYLAW 4342 (MAD)

Mahalingam P v. The Managing Director

WP(MD)/7272/2023 · 2026-03-03

Mummineni Sudheer Kumar

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.7272 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2026 CORAM THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P(MD)No.7272 of 2023 and W.M.P(MD)Nos.6862 & 10788 of 2023 P.Mahalingam ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No. 27, Railway Station New Road, Kumbakonam. 2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No. 27, Railway Station New Road, Kumbakonam. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, call for the records relating to the impugned order passed by the second respondent in TNSTC/Kum/DS-5520/FAT01/DO2-241/2022 dated 28.02.2023 and quash the same as illegal and consequently, directing the respondents to restore the petitioner salary prior to the impugned order passed by the second respondent. 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.7272 of 2023 For Petitioner : Mr.SP.Vijay Nivas For Respondents : Mr.SC.Herold Singh Standing Counsel ORDER This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent bearing No. TNSTC/Kum/DS-5520/FAT01/DO2-241/2022 dated 28.02.2023, whereby the punishment of reduction of pay to the basic stage was imposed upon the petitioner. 2.Though the respondents have filed a detailed counter affidavit resisting the plea made in the Writ Petition, in light of the various orders passed by the learned Single Judge and the Division Bench of this Court in W.P.(MD)No.27377 of 2022 dated 11.04.2023, W.P.(MD)No.3039 of 2020 dated 16.03.2020, and W.A.(MD)Nos. 2407 to 2413 of 2025 dated 21.08.2025, wherein it was held that the punishment of reduction of pay to the basic level is not one of the punishments contemplated under Standing Order 25 of the Standing Orders applicable to the respondent Corporation, the said punishment was set aside and the matters were 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.7272 of 2023 remanded back to the respondent Corporation for taking an appropriate decision in accordance with the Standing Orders. 3.In light of the above, it is not necessary for this Court to go into the merits of the matter. Accordingly, by following the decisions referred to above, the impugned order passed by the second respondent dated 28.02.2023 is set aside, and the matter is remanded back to the second respondent/Corporation for taking a fresh decision in accordance with law, after duly affording an opportunity to the petitioner. 4.Accordingly, this Writ Petition is allowed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 03.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.7272 of 2023 To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No. 27, Railway Station New Road, Kumbakonam. 2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No. 27, Railway Station New Road, Kumbakonam. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.7272 of 2023 MUMMINENI SUDHEER KUMAR, J. ps Order made in W.P(MD)No.7272 of 2023 03.03.2026 5/5 https://www.mhc.tn.gov.in/judis