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Madras High CourtWP/39363/2015disposed of

G.Ravichandran v. The Additional Chief Secretary

2015-12-15Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.39363 of 2015 and M.P.No.1 of 2015 1 G.Ravichandran ..

PETITIONER Vs 1 The Additional Chief Secretary to Government and Chairman of all STUs Transport Department, Fort St. George, Secretariat, Chennai-600 009.

2 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd, 12, Ramakrishna Road, Salem - 636 007.

3 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd, Dharmapuri Region, Bharathipuram, Dharmapuri-636 705.

4 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd, 12, Ramakrishna Road, Dharmapuri-636 007.

..

RESPONDENT Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direct the respondents to consider the name of the petitioner in the Assistant Manager Promotional Panel List on the basis of his representation dated 06.12.2015.

For Petitioner : Mr.N.Senthilkumar For Respondent : Mr.M.L.Mahendran No.1 Government Advocate For Respondent : Mr.R.K.Gandhi Nos.2 to 4

O R D E R

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

2. The petitioner has come up with the writ petition before this Court for issuance of a writ of mandamus directing the respondents to consider the name of the petitioner in the Assistant Manager Promotional Panel List on the basis of his representation dated 06.12.2015.

3. It is the case of the petitioner that he was appointed as Junior Assistant (Trainee) on 12.12.1988 and now, he is working as Senior Superintendent (Legal) under the second respondent Transport Corporation (Salem) Ltd at Dharmapuri Region. As per the Government letter dated 16.08.2011, every year the seniority list has to be published taking into account the changes. But the respondents are preparing the panel for the post of Assistant Manager contrary to the Rules and the Government order.

4. The petitioner would state that he is the senior most eligible person to be promoted to the post of Assistant Manager, but the respondents are taking steps to promote his Junior and therefore, he made a representation on 06.12.2015 requesting them to publish the seniority list for the post of Assistant Manager (Non-Technical). Since it was not considered, the present writ petition has been filed.

5. Heard Mr.N.Senthilkumar, learned counsel for the petitioner and Mr.M.L.Mahendran, learned Government Advocate for the first respondent as well as Mr.R.K.Gandhi, learned counsel for the respondents 2 to 4.

6. Though the petitioner prayed for a larger relief, this Court, without going into the merits of the case, directs the first and second respondents to consider the representation of the petitioner dated 06.12.2015 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. Till a final order is passed on the representation of the petitioner, the respondents are directed to maintain status-quo as on date.

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

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1 The Additional Chief Secretary to Government and Chairman of all STUs Transport Department, Fort St. George, Secretariat, Chennai-600 009.

2 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd, 12, Ramakrishna Road, Salem - 636 007.

3 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd, Dharmapuri Region, Bharathipuram, Dharmapuri-636 705.

4 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd, 12, Ramakrishna Road, Dharmapuri-636 007.

+1 cc to Mr.N.Senthilkumar, Advocate sr.67518 W.P.No.39363 of 2015 and M.P.No.1 of 2015 aa17/12/2015