C.Ashok Kumar v. The Transport Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.12977 of 2013 C.Ashok Kumar ... Petitioner vs.

1. The Transport Secretary, The Tamil Nadu Secretariat, Fort St. George, Chennai 600 009.

2. The Managing Director, Villupuram Division, 3/317, Salamedu, Villupuram 605 602.

3. The General Manager, Villupuram Division III, Kancheepuram Region, Kancheepuram.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus directing the respondents to apply the statutory service rules available to review the petitioner's promotion from 01.08.2002 and to pass appropriate further orders on the petitioner's promotion. For Petitioner : M/s. DR.R.Sampathkumar For Respondents : M/s.A.Sri Jayanthi, Special Government Pleader, for R1 : Mr.Antony Arockia Raj for R.2 & R.3

O R D E R

The relief sought for in the present writ petition is for a direction to direct the respondents to apply the statutory service rules available to review the petitioner's promotion

from 01.08.2002 and to pass appropriate further orders.

2. The learned counsel appearing on behalf of the writ petitioner states that the petitioner joined in the Transport Corporation on 29.10.1981 in the post of Conductor on daily wage. Subsequently, he was brought under the regular establishment and his services were regularized. However, the promotion and other consequential benefits as applicable to the writ petitioner with reference to the statutory Rules has not been provided.

3. It is contended that the benefit of promotion and consequential benefits were granted to all other similarly placed employees and the same has not been provided to the writ petitioner. In this regard the writ petitioner submitted a representation to the 3rd respondent on 16.08.2012 . The said representation is yet to be considered.

4. Thus without going in to the merits of the matter, the 3rd respondent is directed to consider the representation submitted by the writ petitioner on 16.08.2012 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose a copy of the representation and all relevant documents along with the order passed in this writ petition.

5. Accordingly the writ petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pkn To

1. The Transport Secretary, The Tamil Nadu Secretariat, Fort St. George, Chennai 600 009.

2. The Managing Director, Villupuram Division, 3/317, Salamedu, Villupuram 605 602.

3. The General Manager, Villupuram Division III, Kancheepuram Region, Kancheepuram.

+1cc to M/s.DR.R.Sampathkumar, Advocate, S.R.No.75547 +1cc to M/s.A.Sri Jayanthi, Advocate, S.R.No.75768 W.P.No.12977 of 2013 GJII(Co) CS/04/12/2018