Y.Balaji. v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2021

CORAM

THE HON'BLE MR. JUSTICE S.S.SUNDAR W.P.No. 12834 of 2021 Y. Balaji ..Petitioner Vs 1.The Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Metropolitan Transport Corporation, Pallavan Salai, Chennai - 600 002.

3.The Senior Assistant Manager, Metropolitan Transport Corporation, Pallavan Salai, Chennai - 600 002.

4.The Assistant Commissioner of Police, Central Crime Branch, Employment, Vepperi, Chennai - 600007.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to give employment as Assistant Engineer, in Metropolitan Transport Corporation, Chennai, based upon his representation dated 23.03.2021.

For Petitioner : Mr.A.Gouthaman For Respondents : Mr.C.Kathiravan Government Advocate

O R D E R

The prayer sought for in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to give employment to the petitioner as Assistant Engineer in Metropolitan Transport Corporation, Chennai, based upon his representation dated 23.03.2021.

2.

The case of the petitioner is that the petitioner had applied for the post of "Assistant Engineer". Even after completion of written examination and personal interview, the petitioner has not been called for employment. After a few months, the petitioner has received a letter from the 4th respondent to appear before him with regard to an enquiry in CCB.Cr.No.441 of 2015. On 04.03.2021, the petitioner appeared before the 4th respondent for enquiry and he came to know that even in the personal interview conducted by the 2nd respondent, he was selected. The petitioner states that his employment was denied by the 2nd respondent despite he had passed in both written examination as well as the personal interview conducted by the 2nd respondent.

Since the petitioner did not get any employment in Metropolitan Transport Corporation, the petitioner is working in a private concern for a meager salary. However, the petitioner submitted a representation to the 3rd respondent on 23.03.2021 and the copies of the representation were also sent to the other respondents to consider the petitioner's representation dated 23.03.2021.

3.

The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the first respondent to consider the petitioner's representation dated 23.03.2021 and dispose of the same within a stipulated time that may be framed by this Court. 4.

Having regard to the limited scope of the prayer that is now sought in this writ petition by the Counsel for petitioner before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondents 1 to 3 to consider the petitioner's representation dated 23.03.2021 and pass appropriate orders, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar

msm To 1.The Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Metropolitan Transport Corporation, Pallavan Salai, Chennai - 600 002.

3.The Senior Assistant Manager, Metropolitan Transport Corporation, Pallavan Salai, Chennai - 600 002.

4.The Assistant Commissioner of Police, Central Crime Branch, Employment, Vepperi, Chennai - 600007.

+1cc to Mr.A.Gouthaman, Advocate SR.No.28189 +1cc to Government Pleader SR.No.28446 W.P.No. 12834 of 2021 GSM(CO) GMY(20/07/2021)