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Madras High CourtWP/16040/2015disposed of

D.Vijayan, v. The Managing Director,

2015-06-08Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2015

CORAM

THE HONOURABLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.16040 of 2015 and M.P.No.1 of 2015 D.Vijayan . Petitioner Vs.

1. The Managing Director, Head Office, Thambusamy Road, Kilpauk, Chennai-10.

2. The General Manager (Administration), Head Office, Thambusamy Road, Kilpauk, Chennai-10.

3. The Regional Manager, Kanchipuram Region, Vandavasi Road, Kanchipuram, Kanchipuram District.

4. The Manager (Engineering), Modern Rice Mill, Thimmavaram, Kanchipuram High Road, Kanchipuram District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to promote the petitioner in the post of Junior Assistant and transfer him to the General Administration by taking note of the medical grounds of the petitioner and eligible qualification.

For Petitioner :

Mr.J.Shanmugasundara Babu For Respondents:

Mr.L.P.Shanmuga Sundaram, Senior Counsel for TNCSC

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The prayer in the writ petition is to direct the respondents to promote the petitioner in the post of Junior Assistant and transfer him to the General Administration by taking note of the medical grounds of the petitioner and eligible qualification.

3. The case of the petitioner is that he is working in the technical side of the Tamil Nadu Civil Supplies Corporation from 1986 onwards. According to him, he passed B.B.A. degree from June 2010 to 2014 and he became a graduate while he is serving in the respondent Corporation. According to him, he has also suffered due to some illness and if he is posted in administrative department, taking into account his educational qualification, it would be helpful for him. According to the petitioner, the doctors advised him to take a light work. In these circumstances, he made a representation dated 04.09.2014 to the first respondent. Thereafter, he has filed this writ petition seeking for a direction to promote him to the post of Junior Assistant by way of transfer to the administrative department.

4. Learned counsel appearing for the petitioner, during the hearing of the writ petition, has submitted that the petitioner does not seek for any promotion and he would be satisfied, if he is accommodated in administrative department based on his educational qualification.

5. I am not going into the merits of the matter and the entire matter is left with the second respondent to look into the representation dated 04.09.2014 on merits and in accordance with law. The petitioner is directed to furnish a copy of the representation dated 04.09.2014 to the second respondent and on such representation is being made, the second respondent is directed to pass orders thereon, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of the representation.

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar jrl To

1. The Managing Director, Head Office, Thambusamy Road, Kilpauk, Chennai-10.

2. The General Manager (Administration), Head Office, Thambusamy Road, Kilpauk, Chennai-10.

3. The Regional Manager, Kanchipuram Region, Vandavasi Road, Kanchipuram, Kanchipuram District.

4. The Manager (Engineering), Modern Rice Mill, Thimmavaram, Kanchipuram High Road, Kanchipuram District.

1 cc to Mr.L.P.Shanmuga Sundaram, Advocate, Sr. 27910 1 cc to Mr.J.Shanmugasundara Babu, Advocate, Sr. 27407 W.P.No.16040 of 2015 TS (CO) kk 22/6