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2026 DAILYLAW 49989 (MAD)

S.DURAISAMY (J01895) v. THE MANAGING DIRECTOR

WP/26486/2026 · 2026-07-10

P T Asha

Transfer Petitionbody2026

Judgment text

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WP No. 26486 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 26486 of 2026 S.Duraisamy ..Petitioner(s) Vs 1. The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road Coimbatore 64103. 2. The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road Erode-1. ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to sanction the medical leave from 19.05.2026 to 17.07.2026 to the petitioner by considering his health condition and to permit the petitioner to retire peacefully from service under the Voluntary Retirement Scheme within the time frame fixed by this Honble Court. For Petitioner(s): Mr.N.K.Ponraj For Respondent(s): Mr.M.Murali Vinodh, Standing Counsel https://www.mhc.tn.gov.in/judis WP No. 26486 of 2026 __________ Page2 of 5 ORDER This Writ Petition has been filed for the following reliefs:- “directing the respondents to sanction the medical leave from 19.05.2026 to 17.07.2026 to the petitioner by considering his health condition and to permit the petitioner to retire peacefully from service under the Voluntary Retirement Scheme within the time frame fixed by this Honble Court..” Brief Facts:- 2.The case of the petitioner is that he joined the services of the respondent Corporation on 09.07.1987 and is presently working as a Senior Tradesman in the Erode Regional Office. He has rendered nearly 39 years of service without any adverse remarks. The petitioner is also the Secretary of the Labour Progressive Federation (LPF), Erode Region, and has been associated with the said Trade Union for more than three decades. 3. The petitioner would submit that, due to his age and various health issues, including hypertension, diabetes, and osteoarthritis, he has been undergoing continuous medical treatment. During September 2019, he suffered from severe chest and stomach pain and was diagnosed with Antral Gastritis/Duodenitis, for which he was advised medical rest. Subsequently, due to his health condition during the COVID-19 period, he could not attend duty https://www.mhc.tn.gov.in/judis WP No. 26486 of 2026 __________ Page3 of 5 and disciplinary proceedings were initiated against him, culminating in the imposition of punishment of stoppage of increment for six months without cumulative effect. Thereafter, as per the directions of this Court, the period of absence was partly regularised as leave and the remaining period as “No Work No Pay” by the 2nd respondent. 4. The petitioner would submit that while he was working in the Commercial Section, he was orally directed to attend duty in the Small Vehicles Section and thereafter to report to E-3 Kasipalayam Branch without any written transfer order. Thereafter, due to the sudden mental stress and his existing health conditions, he suffered dizziness and was admitted for treatment. While returning home after treatment, he met with an accident and sustained an injury to his ankle, following which he was advised complete bed rest for 20 days. Accordingly, he submitted applications seeking medical leave along with medical records to the respondents. He also submitted a representation seeking voluntary retirement on medical grounds, which is pending consideration. 5. Thereafter, the 2nd respondent, by order dated 20.05.2026, transferred the petitioner from the Regional Office to the E-3 Branch on administrative grounds. The petitioner would contend that the action of the respondents in initiating disciplinary proceedings and transferring him, despite his medical condition and pending request for voluntary retirement, is arbitrary and amounts https://www.mhc.tn.gov.in/judis WP No. 26486 of 2026 __________ Page4 of 5 to victimisation on account of his trade union activities. Hence, the present Writ Petition has been filed seeking the relief stated supra. 6. Heard the learned counsel on either side and perused the records. 7. Considering the relief sought for by the petitioner and in the absence of any serious objection from the learned counsel appearing for the respondents, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's request seeking sanction of medical leave for the period from 19.05.2026 to 17.07.2026, taking into consideration his medical condition, and also consider his request for permitting him to retire from service under the Voluntary Retirement Scheme, and pass appropriate orders on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. 8. Accordingly, the writ petition is disposed of. No costs. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR https://www.mhc.tn.gov.in/judis WP No. 26486 of 2026 __________ Page5 of 5 P.T.ASHA J. SHR To 1. The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road Coimbatore 64103. 2. The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road Erode-1. WP No. 26486 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis