N.S.Singaravelu, Conductor v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.5799 of 2013 and M.P.No.1 of 2013 N.S.Singaravelu ... Petitioner Vs The General Manager, Tamil Nadu State Transport Corporation Villupuram Ltd., Villupuram Kottam, Villupuram District. ... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records of the respondent relating to the impugned order in Proc.No.29/173/E7/TNSTC(VPM)/2007 dated 23.11.2007 and quash the same and consequently directing the respondent issue order of regularization of service of the petitioner after completion of 240 and in the time scale of pay and to pay all the other monetary benefits and service benefit. For Petitioner :Mr.R.Y.George Williams For Respondent :Mr.P.Kannan Kumar Standing Counsel

O R D E R

This petition has been filed seeking for issuance of a writ of Certiorarified Mandamus calling for the records of the respondent relating to the impugned order in Proc.No.29/173/E/TNSTC(VPM)/2007 dated 23.11.2007 and quash the same and consequently directing the respondent to issue order of regularization of service of the petitioner, after completion of 240 days and in the time scale of pay and to pay all the other monetary benefits and service benefit.

2. Heard Mr.R.Y.George Williams, learned counsel appearing for the petitioner and Mr.P.Kannan Kumar, learned Standing Counsel for the respondent.

3. Though the petitioner has sought for a direction to quash the order dated 23.11.2007 passed by the respondent bringing the petitioner to monthly cadre with effect from 01.11.2007 with an initial basic pay of Rs.4290/-, the learned counsel for the petitioner would submit that if a direction is given to consider the petitioner's representation dated 10.08.2012, the petitioner would be satisfied.

4. It is brought to the notice of this Court that when similar matters came up before this Court in a batch of writ petitions (W.P.Nos.18364 of 2012, etc) dated 02.08.2012, this Court has passed the following order:

" 4.Recording the submission made by the learned counsel for the respondent, these writ petitions are disposed of granting liberty to the petitioners to submit representation individually before the respondent in the respective writ petition within two weeks from the date of receipt of a copy of this order and on receipt of the same, the concerned respondent is directed to consider the said individual representation of the petitioners to be filed and pass orders on merits and in accordance with law within a period of three months from the date of the receipt of the individual representations from the petitioners".

5. The learned counsel for the respondent would submit that similar order may be passed in the present writ petition also.

6. Recording the submission made by the respective counsel, there shall be a direction to the respondent to consider the petitioner's representation dated 10.08.2012, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish copy of the representation along with the copy of this order.

With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Kkd To The General Manager, Tamil Nadu State Transport Corporation Villupuram Ltd., Villupuram Kottam, Villupuram District.

+1cc to Mr.P.Kannankumar, Advocate Sr.63869 +1cc to Mr.R.Y.George Williams, Advocate Sr.62705 W.P.No.5799 of 2013 and M.P.No.1 of 2013 ca[co] srg 16/12/2016