S.Jothibasu v. Tamil Nadu Civil Supplies Corproation Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.06.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No. 11248 of 2022 S.Jothibasu ..Petitioner Vs.
1 Tamil Nadu Civil supplies Corporation Limited, Represented by its Chairman, Head office No. 12, Thambusamy Road Kilpauk, Chennai - 10 2 The Managing Director Tamil Nadu Civil Supplies Corporation Ltd., Head office No. 12 Thambusamy Road, Kilpauk, Chennai- 10 ..Respondents Prayer:Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 22.12.2020 10.05.2021and 17.09.2021 and to grant promotion to the petitioner to the post of Regional Manager on regular basis with effect from 01.08.2010 and to the post of Senior Regional Manager on regular basis with effect from 01.08.2012 and to the post of General Manager on regular basis with effect from 01.07.2014 with all consequential seniority service monetary and non - monetary benefits with arrears of pay. For Petitioners : Mr. R.Saravanan For Respondents : Mr.S.Senthil Kumar, Standing Counsel - R1
ORDER
The relief sought for in the writ petition is to direct the respondents to consider the representations dated 22.12.2020 10.05.2021and 17.09.2021 and to grant promotion to the petitioner to the post of Regional Manager on regular basis with effect from 01.08.2010 and to the post of Senior Regional Manager on regular basis with effect from 01.08.2012 and to the post of General Manager on regular basis with effect from 01.07.2014 with all consequential seniority service monetary
and non - monetary benefits with arrears of pay. 2.The learned counsel appearing for the petitioner has submitted that the petitioner has been working as Manager (General) from the year 2012. The eligibility for the next level of promotion i.e the post Senior Regional Manager petitioner is completion of five years regular service in the post of Manager (General). Subsequently, the said eligibility condition has been reduced to two years. Though the petitioner was eligible in the year 2012 itself, for the past 10 years, the petitioner is working in the post of Manager (General) without any promotion and the respondent has not drawn promotion panel from the year 2012. The petitioner has made several representations to the respondents and lastly on17.09.2021, since no action has been taken by the respondents, the present writ petition is filed.
3.The learned Standing Counsel appearing for the 1st responent would submit that the petitioner's representation is pending and the same will be considered by the respondent and appropriate orders will be passed within a time frame as fixed by this Court.
4.Having regard to the submissions made by the learned counsels on either side and in view of the limited prayer sought for by the learned counsel for the petitioner, this Court, without expressing any opinion, is inclined to direct the respondents to consider the representation dated 17.09.2021 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above directions, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ak To 1 Tamil Nadu Civil supplies Corporation Limited, Represented by its Chairman, Head office No. 12, Thambusamy Road Kilpauk, Chennai - 10
2 The Managing Director Tamil Nadu Civil Supplies Corporation Ltd., Head office No. 12 Thambusamy Road, Kilpauk, Chennai- 10 +1cc to Mr.T.Saikrishnan, Advocate, S.R.No.32923 W.P.No.11248 of 2022 RLD(CO) RGA(22/06/2022)