V.Thangavel v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.13937 of 2015 V.Thangavel ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation [Salem] Ltd., Head Office, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation [Salem] Ltd., Salem - 636 007.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to re-designate petitioner post as Assistant under the Working group of the Administrative Department from the present designated post of Helper (MHR) with all service benefits including review benefits enabling for promotional chances.

For Petitioner : Mr.S.Girija For Respondents : Mr.P.Paramasivadoss

O R D E R

Heard both sides. By consent of both the parties the writ petition is taken up for final disposal as the prayer lies in a narrow compass.

2.The petitioner is a Driver in the respondent Corporation. He was discharged from service by an order dated 24.04.1995 on medical grounds. He was later given appointment as fresh entrant by the proceeding of the first respondent dated 14.09.1995. 3.The petitioner approached this Court by filing W.P.No.15449 of 2010 and this Court allowed the writ petition on 11.10.2011 directing to provide him alternate employment with continuity of service, however, no backwages was ordered due to laches. https://hcservices.ecourts.gov.in/hcservices/

4.In the circumstances, the grievance of the petitioner is that, in similar circumstances, his colleagues were given postings as Record Clerk and Office Attenders and they were provided further promotion as Assistant. But, in the case of the petitioner he was appointed as Helper (MHR). The petitioner states that he is working in the Audit Section of Valappadi Branch. He also possess P.G.Degree in M.A.(History). Hence, he has made representation dated 02.07.2012 to re-designate him as Record Clerk or Office Attender so as to get further promotion as Assistant.

5.In view of the aforesaid facts, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 02.07.2012 for re-designation as Record Clerk or Office Attender and pass orders thereon within a period of eight weeks from the date of receipt of a copy of this order on merits and in accordance with law. 6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.The Managing Director, Tamil Nadu State Transport Corporation [Salem] Ltd., Head Office, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation [Salem] Ltd., Salem - 636 007.

1 cc to Mr.S.Girija ,Advocate, SR.No.25822 W.P.No.13937 of 2015 ts(co) pmk.9.6.2015 https://hcservices.ecourts.gov.in/hcservices/