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Madras High CourtWP/3727/2024disposed of

K.Manoharan v. The Managing Director

2024-02-16Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Manoharan ... Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation(Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram 605 602 2.The General Manager, Tamilnadu State Transport Corporation(Villupuram) Ltd., Kancheepuram Regional Office, Ponnerikkarai, Karapettai, Chennai Bangaluru Highway, Kancheepuram 631 552 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the Respondents to fix the basic and others allowances for the petitioner in the scale of pay of Rs.36200+114800 applicable to the category of General Foreman as per the orders issued in the promotion proceedings No.175/P6/TNSTC (VPM)/KPM/2022 dated 17.03.2022 and to make the payment of arrears of wages from the date of his promotion.

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For Petitioner : Mr.N.Ishak For Respondents : Mr.R.Venkatesa Perumal, Standing Counsel

ORDER

This writ petition has been filed for direction to the respondents to fix the petitioner's pay scale and other allowance in the scale of pay as applicable to the category of General Foreman. 2.

The petitioner had entered into service of the respondents Transport Corporation as Junior Tradesman on 24.09.1992. While he was in service, he was permitted to do a diploma course in Mechanical Engineering. Accordingly, he had passed out Diploma. Considering his qualification and length of service, he was promoted from the post of Senior Tradesman to the post of Foreman in the scale of pay of Rs.930034800 with effect from 17.08.2016 by the proceedings dated 28.12.2016. Subsequently, in the said post, he successfully completed probationary period on 26.11.2018. The upgraded post to the category of Foreman is General Foreman cadre. The respondents conducted interview and considered the petitioner for promotion to the category of General 2/4

Foreman by the communication dated 01.03.2023. Accordingly, he was promoted to the post of General Foreman in the pay scale of Rs.36200114800 with effect from 17.03.2022. Accordingly, the petitioner is working as General Foreman at Ponneri depot of the respondents Corporation from 17.03.2022. However, his pay has not been fixed in the higher pay scale in the post of General Foreman. 3.

Considering the above facts and circumstances, the respondents are directed to pass appropriate orders to fix the scale of pay of the petitioner in the cadre of General Foreman from the date of his promotion i.e. 17.03.2022 within a period of six weeks from the date of receipt of copy of this order, if otherwise he is eligible. 4.

With the above direction, this writ petition is disposed of. There shall be no order as to costs.

16.02.2024 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Managing Director, Tamilnadu State Transport Corporation(Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram 605 602 2.The General Manager, Tamilnadu State Transport Corporation(Villupuram) Ltd., Kancheepuram Regional Office, Ponnerikkarai, Karapettai, Chennai Bangaluru Highway, Kancheepuram 631 552 16.02.2024 4/4