R.Gopalakrishnan v. The Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.No.20817 of 2025 1.R.Gopalakrishnan 2.S.Sivapragasam 3.R.Gnanavel 4.P.Raveendran 5.S.Thanigai Velu 6.S.Mohamed Rafi 7.V.Velu 8.K.Selvapandian 9.R.Chezhiyan 10.N.Thirumalai 11.M.Venkatesan 12.G.Palanisamy 13.S.Janarthanan 14.V.Lingesh Prabu 15.S.Sritharan 16.J.Ravishankar 17.S.Ammasi ... Petitioners Vs.
1.The Chief Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
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2.The Additional Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
3.The Managing Director, Tamil Nadu Transport Corporation Limited, Villupuram Division, Villupuram, Salamedu, Vazhutha Reddy Post, Villupuram - 605 602.
4.The Managing Director, Metropolitan Transport Corporation, Pallavan Salai, Chennai - 600 114.
5.The Managing Director, Tamil Nadu Transport Corporation Limited, Dharmapuri Region, Salem Ramakrishna Salai, Salem - 635 007.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to promote the petitioners 3, 6 to 10 and 12 to 17 to the post of Junior Engineer and the petitioners 1, 2, 4, 5 and 11 to the post of Assistant Engineer with effect from the year 2016 when many of the Junior Engineer and Assistant Engineer are appointed through Direct Recruitment and also many of the Tradesman were given promotion to the post of Foreman by violating the above said ration of 1:1 provided under the Common Service Rules with all monetary benefits in 2/10
so far the petitioners alone.
For Petitioners : Mr.M.Vijayakumar For Respondents : Mr.G.Nanmaran Special Government Pleader for R1 and R2 M/s.S.Pavithra Standing Counsel for R3 Mr.R.Balaji for R4 Mr.K.Raja Standing Counsel for R5
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to promote the petitioners 3, 6 to 10 and 12 to 17 to the post of Junior Engineer and the petitioners 1, 2, 4, 5 and 11 to the post of Assistant Engineer with effect from the year 2016 when many of the Junior Engineer and Assistant Engineer are appointed through Direct Recruitment and also many of the Tradesman were given promotion to the post of Foreman by violating the above said ration of 1:1 provided under the Common Service Rules with all monetary benefits in so far the petitioners 3/10
alone.
2. The petitioners are serving as Senior Tradesman and Assistant Tradesman in the Tamil Nadu State Transport Corporation Limited for the past 12 years.
3. It is the specific grievance of the petitioners that inspite of a Rule for promotion under Common Service Rule, the respondents have not initiated any steps to promote from the cadre of Tradesman and Assistant Tradesman to the next level post of Junior Engineer and Assistant Engineer.
4. It is the submission of the learned counsel for the petitioner there have been stagnation without any promotion for more than 12 years. He further submits that the petitioners have given a representation to the second respondent vide his representation dated 24.01.2025 and such representation has not been considered by the second respondent for almost four months.
5. The learned Special Government Pleader for the first and second 4/10
respondents would object the contentions made by the petitioners that there have been promotion at a periodical intervals in accordance with the Common Service Rule.
6. However, the fact remains that the representation of the petitioners dated 24.01.2025 is still to be considered by them.
7. Heard the learned counsel for both sides and perused the materials available on record.
8. In view of the above, taking into consideration of the fact that the representation made by the petitioners dated 24.01.2025 is yet to be considered, this Court deems it appropriate to direct the second respondent to consider the representation dated 24.01.2025 on it's own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
9. In the result, this Writ Petition is disposed of with the above 5/10
observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
06.06.2025 (1⁄2) jas Index : Yes Speaking order To 6/10
1.The Chief Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
2.The Additional Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
3.The Managing Director, Tamil Nadu Transport Corporation Limited, Villupuram Division, Villupuram, Salamedu, Vazhutha Reddy Post, Villupuram - 605 602.
4.The Managing Director, Metropolitan Transport Corporation, Pallavan Salai, Chennai - 600 114.
5.The Managing Director, Tamil Nadu Transport Corporation Limited, Dharmapuri Region, Salem Ramakrishna Salai, Salem - 635 007.
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C.KUMARAPPAN, J.
jas and W.M.P.No.20817 of 2025 06.06.2025 (1⁄2) 8/10
and W.M.P.No. 20817 of 2025 C.KUMARAPPAN, J.
The above matter is listed today under the caption "for being mentioned". It is clarified that paragraph No.8 of this Court's earlier order dated 06.06.2025 in W.P.No.18551 of 2025 shall be modified to the following effect:- "8. In view of the above, taking into consideration of the fact that the representation made by the petitioners dated 24.01.2025 is yet to be considered, this Court deems it appropriate to direct the second respondent to consider the representation dated 24.01.2025, and pass orders on it's own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."
2. Accordingly, the Registry is directed to issue a fresh order copy in W.P.No.18551 of 2025 dated 06.06.2025 after making necessary corrections. 17.06.2025 kv C.KUMARAPPAN, J.
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kv 17.06.2025 10/10