C.Subramani v. The Additional Chief

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.40113 of 2015 and M.P.No.1 of 2015 C.Subramani ..

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

2 The Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

3 The General Manager Tamil Nadu State Transport Corporation (CBE) Ltd., Erode Region, 45, Chennimalai Road, Erode - 638 001.

..

RESPONDENTS 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 Superintendent Promotional Panel List on the basis of his representation dated 03.12.2015.

For Petitioner : Mr.N.Senthilkumar For Respondent : Mr.V.Jayaprakash Narayanan No.1 Special Government Pleader For Respondent : Mr.P.Kannan Kumar 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 service as Junior Assistant on 24.09.1987. Subsequently, he was promoted as Assistant on 01.08.1993 and Senior Assistant 01.08.1999 and he is presently working as Senior Assistant.

3. The petitioner would claim that he is eligible to be promoted to the post of Superintendent and as per the Government letter dated 16.08.2001, every year the seniority list has to be modified taking into account the changes that have happened after the preparation of the earlier list. But, the Transport Corporation has not published any seniority list, it is learnt that the Transport Corporation is preparing the panel for superintendent. Therefore, the petitioner made a representation on 03.12.2015. Since it was not considered, the present writ petition has been filed.

4.Heard Mr.N.Senthilkumar, 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.P.Kannan Kumar, 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 03.12.2015 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.

sms s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

To 1 The Additional Chief Secretary to Government and Chairman of all STU's Transport Department, Fort St. George, Chennai - 600 009.

2 The Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

3 The General Manager Tamil Nadu State Transport Corporation (CBE) Ltd., Erode Region, 45, Chennimalai Road, Erode - 638 001.

+ 1 cc to Govt.Pleader SR 68731 + 1 CC TO MR.P.KANNAN KUMAR, ADVOCATE SR 69205 (6/1/16) + 1 cc to Mr.N. Senthil Kumar, Advocate Sr.69141[12.2.2016] (co) prk21/12 W.P.No.40113 of 2015 and M.P.No.1 of 2015