Madras High CourtWP/32697/2015disposed of

J.Krishnaswamy, v. The Government Of Puducherry,

2015-10-13Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13-10-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.32697 of 2015 J.Krishnaswamy ... Petitioner Vs

1. The Government of Puducherry Rep. By its Secretary to Government (Labour) Chief Secretariat, Puducherry

2. The Managing Director Puducherry Road Transport Corporation Ltd., No.4, Iyyan Koil Street Raja Nagar, Puducherry ... Respondents 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 petitioner's representation dated 5.10.2015, to take necessary steps to select the petitioner to the post of Driver in the second respondent Corporation.

For Petitioner : Mr.R.Dasaratha Rao For Respondents : Mr.Syed Mustafa Special Government Pleader (Pondy) for R1 Mr.A.R.Nixon for R2

ORDER

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

2.The petitioner claims that he applied during 2010, for appointment to the post of Driver, and he has also attended the skill test on 15.3.2010, and the selection was subsequently

dropped. His grievance is that he belongs to OBC Community and is having all the requisite qualifications and was under a fond hope that he would be selected, and further, 138 Drivers were also selected; but, his name has not been considered and in this regard, he has submitted a representation dated 5.10.2015, to the respondents praying for appropriate orders to select and appoint him to the post of Driver in the services of the second respondent-Corporation, and since no orders have been passed, came forward to file this writ petition.

3.The learned Counsel appearing for the petitioner, would submit that in similar facts and circumstances, this Court vide order dated 2.9.2015, made in W.P.No.27456/2015, has directed the second respondent therein to consider and dispose of the representation submitted by the petitioner therein, in accordance with law and similar order may be passed. 4.The Court heard the submissions of Mr.M.Syed Mustafa, learned Special Government Pleader (Pondy), who accepted notice on behalf of the first respondent, and Mr.A.R.Nixon, learned Standing Counsel, who accepted notice on behalf of the second respondent, also.

5.Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the second respondent to consider the petitioner's representation dated 5.10.2015, on merits and in accordance with law and pass orders thereon within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nsv To:

1. The Secretary to Government (Labour) Chief Secretariat, Puducherry

2. The Managing Director Puducherry Road Transport Corporation Ltd., No.4, Iyyan Koil Street Raja Nagar, Puducherry +1cc to Mr.R.Dasarath Rao, Advocate, S.R.No.57023 +1cc to the Government Pleader cum Public Prosecutor, S.R.No.56630 W.P.No.32697 of 2015 EV(CO) CA(30/10/2015)