T.Mani v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.40080 of 2015 and M.P.No.1 of 2015 1 T.Mani ..

PETITIONER Vs 1 The Additional Chief Secretary to Government and Chairman of All Stus (State Transport Undertakings) Transport Department, Fort St. George, Chennai - 600 009.

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

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

..

RESPONDENTS Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to release the Seniority List for promotion to the Supervisory Cadre Posts.

For Petitioner : Mr.S.Rajeni Ramadass For Respondent : Mr.V.Jayaprakash Narayanan No.1 Special Government Pleader For Respondent : Mr.R.K.Gandhi Nos.2 & 3

O R D E R

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

2. According to the petitioner, he joined the service of the first respondent as Junior Assistant on 09.08.1993. Subsequently, he was promoted as Assistant on 01.11.1999 and Senior Assistant on 01.11.2006 and he is presently working as Selection Grade Senior Assistant since 01.11.2013.

3. The petitioner would claim that he is eligible to be promoted to the post of Supervisory Cadre and as per letter issued by the first respondent dated 16.08.2001, the Managing Directors of the State Transport Units should prepare the draft list of the Seniority in respect of all cadre and category of employees, which has to be displayed in the notice board, to enable the employees to give their objections, if any, within 15 days. However, the second respondent, without releasing the seniority list, is taking steps to fill up the posts. Therefore, the petitioner made a representation on 12.12.2015. Since it was not considered, the present writ petition has been filed.

4.Heard Mr.S.Rajeni Ramadass, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government, who accepts notice on behalf of the first respondent as well as Mr.R.K.Gandhi, learned counsel appearing for the respondents 2 & 3.

5. This Court considering the submission of the learned counsel for the petitioner and without going into the merits of the case, directs the second respondent to consider and dispose of the representation of the petitioner dated 12.12.2015 and pass appropriate orders on merits and in accordance with law, 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. 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.

Sd/- Assistant Registrar(CCC) True Copy Sub Assistant Registrar To 1 The Additional Chief Secretary to Government and Chairman of All Stus (State Transport Undertakings) Transport Department, Fort St. George, Chennai - 600 009.

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

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

+1cc to The Government Pleader Sr.68730 +1cc to M/S.S.Rajeni Ramadass Advocate sr.68665 W.P.No.40080 of 2015 and M.P.No.1 of 2015 srg 22/12/2015