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Madras High CourtWP/21792/2016disposed of

R.Ganesan, v. The Transport Commissioner,

2016-06-24Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2016

CORAM

THE HONOURABLE Ms. JUSTICE R.MALA W.P.No.21792 of 2016 and W.M.P.No.18636 of 2016 R.Ganesan Assistant Door No.11, Subramaniyam Street Chepauk, Chennai - 600 005 ... Petitioner .Vs.

The Transport Commissioner Chepauk, Chennai - 600 005.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the respondent herein in his R.No.45700/R3/2014 dated 06.10.2015 and quash the same and consequently direct the respondent herein to promote the petitioner as Assistant for the year 2011-12 in the appropriate place with due seniority with effect from the date of promotion of immediate juniors with all consequential service and monetary benefits.

For Petitioner : Mr.Ravi Shanmugam For Respondent : Mr.M.Digvijay Pandian, Additional Government Pleader

ORDER

Heard Mr.Ravi Shanmugam, learned counsel appearing for the petitioner and Mr.M.Digvijay Pandian, learned Additional Government Pleader appearing for the respondent and with the consent of the either side, the writ petition itself is taken up for final disposal.

2.The petitioner has come up with the present writ petition seeking to quash the order passed by the respondent dated 06.10.2015 and consequently direct the respondent herein to

promote the petitioner as Assistant for the year 2011-12 in the appropriate place with due seniority with effect from the date of promotion of immediate juniors with all consequential service and monetary benefits.

3.The learned counsel appearing for the petitioner would submit that the petitioner was appointed as a Typist in the Transport Department on 05.08.2009 and he joined as Typist at Regional Transport Office, Periyakulam on 12.08.2009. Thereafter, he had produced the computer course certificate obtained by him and the same was also incorporated in the Service Register of the petitioner. Subsequently, when it came to the knowledge of the petitioner that the said computer course certificate is not valid, he passed a course in computer course automation awarded by the Directorate of Technical Education on 24.06.2012 and thereafter, on the basis of the said certificate, probation was declared on 14.09.2012 with effect from 25.06.2012.

4.While so, the petitioner has now received a show cause notice dated 06.10.2015. Though the petitioner had submitted his explanation to the said show cause notice, the same has not been considered so far and hence, the petitioner is before this Court by filing the present writ petition.

5.At this juncture, the learned counsel for the petitioner submits that the petitioner is willing to restrict the prayer only for a direction to the respondent to consider the explanation submitted by the petitioner and recall the show cause notice within the time stipulated by this Court. 6.Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, this Court deems it fit to direct the respondent to consider the explanation submitted by the petitioner, within a period of four weeks from the date of receipt of a copy of this order. 7.The writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar pgp

To The Transport Commissioner Chepauk, Chennai - 600 005.

+1cc to Mr.Ravi Shanmugam, Advocate, S.R.No.35168 +1cc to the Government Pleader, S.R.No.35544 W.P.No.21792 of 2016 and W.M.P.No.18636 of 2016 ALA(CO) CA(12/07/2016)