Md. Rafeeq v. The Tsrtc

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.35592 of 2015 ORDER:

This writ petition is filed seeking a Writ of Mandamus, declaring the action of respondents in not considering the petitioner's case for promotion to the post of Mechanic Grade-II from feeder category of Shramik, even though the petitioner has passed the Trade Test on 04.12.2010, as arbitrary and illegal, and sought consequential directions directing the respondents to consider the case of petitioner for promoting to the post of Mechanic Grade-II on par with his colleagues and juniors pursuant to the proceedings dated 06.12.2010. Heard Sri P.Sridhar Rao, counsel for petitioner and the Standing Counsel appearing for respondents.

It has been contended by the petitioner that initially he was appointed as Man Mazdoor on compassionate grounds on 23.10.1987 and later on he was promoted as Shramik. Petitioner further submitted that he is fully eligible and qualified to be promoted to the post of Mechanic Grade-II and he has also passed the Trade Test on 04.12.2010, but the respondents are not considering the case of petitioner for promotion to the post of Mechanic Grade-II. Therefore, the petitioner has submitted a representation to the respondents on 31.10.2014, but so far, respondents have not passed any orders on the said representation nor considered the case of petitioner for promotion to the post of Mechanic Grade-II. Therefore, counsel for petitioner submits that appropriate orders be passed in the writ petition directing the respondents to consider the representation made by the petitioner and pass appropriate orders.

AKS, J W.P.No.35592 of 2015 Standing Counsel appearing for respondents submits that the case of the petitioner would be considered and appropriate orders would be passed on the representation submitted by the petitioner in accordance with law.

This Court, having considered the rival submissions made by the parties, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 31.10.2014 and pass appropriate orders in accordance with law within a period of Eight weeks from the date of receipt of a copy of this order, by duly taking into account the fact that the petitioner has passed the Trade Test on 04.12.2010.

With these observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 30th September 2019 ajr