Santosh v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2025

CORAM

THE HONOURABLE MR. JUSTICE C. KUMARAPPAN Writ Petition No.25107 of 2025 J.Santhosh ... Petitioner ..Vs..

The Managing Director, Metropolitan Transport Corporation Ltd., Anna Salai, Mount Road, Chennai - 600 002.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondent to consider the petitioner employment for having served for more than 240 days as a driver on a permanent basis under the respondent when the vacancies of the regular driver is unfilled for a long years by the respondent. For Petitioner :

No appearance For Respondent : Mr.R.Balaji, Standing Counsel for MTC

ORDER

The instant writ petition has been filed with a prayer for Mandamus to direct the 1st respondent to consider the petitioner's employment as a driver on a permanent basis under the respondent.

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2.The petitioner has come up with the prayer to consider the petitioner's employment for having served for more than 240 days as a driver on a permanent basis under the respondent and that vacancies of the regular drivers have remained unfilled for many years by the respondent. But, today no representation for the petitioner.

3. The learned Standing Counsel appearing on behalf of the respondent would submit that such prayer should only be considered by the Appellate Authority and hence such petition should be filed before the appropriate forum and not before the Labour Court. Hence prayed to dismiss the present writ petition.

4. I have given my anxious consideration to the learned Standing Counsel submission and also perused the materials available on record. 5.It is well settled principle of law whenever a person seeking a permanent status, he must only approach the appropriate authority for conferment of permanent status as provided under the Statute and he cannot seek such a relief before the writ Court.

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6.In such view of the submissions, this Court do not find any merits in the present writ petition and the same is liable to be dismissed. However, the petitioner is given liberty to approach the authority concerned, to seek permanency.

7.In the result, the writ petition stands dismissed of. No costs. 10.07.2025 ssi Index : Yes Speaking Order : Yes /No To:

The Managing Director, Metropolitan Transport Corporation Ltd., Anna Salai, Mount Road, Chennai - 600 002.

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C. KUMARAPPAN, J.

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