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2011 Supreme(Mad) 4218

K.CHANDRU
K. Viswanathan – Appellant
Versus
Tamil Nadu State Marketing Corporation Ltd. , (TASMAC Ltd. ,), Rep. By its Managing Director – Respondent


Appearing Advocates:
For the Petitioner:C.S. Monica, Advocate.
For the Respondents:S. Muthuraj, Advocate.

Judgment :-

1. The petitioner has come forward to file the present writ petition, seeking for a declaration that the action of the respondents in denying employment to the petitioner with effect from 1.5.2005 is illegal, against the principles of natural justice, arbitrary and violative of Article 14 of the Constitution of India and for a consequential direction to the respondents to reinstate the petitioner in service with effect from 01.05.2005 with full back wages, continuity of service and other attendant benefits.

2. Even though the petitioner has sought for a declaration after five years, this Court after noting that in respect of the same respondent, a Division Bench had entertained the writ petition after five years and hence, the writ petition was admitted.

3. Even after notice, when no counter affidavit was filed, this court adjourned the matter from time to time and directed counter affidavit to be filed by the respondents. Accordingly, a counter affidavit dated Nil (March 2011) was filed by the District Manager, TASMAC, Coimbatore sworn to by one C.Subramanian who also hold the

rank of a Deputy Collector under the Revenue Service of the State Government.

4. The case of th


























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