T.Amalraj v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.03.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17262 of 2018 1.T.Amalraj 2.A.Gopalakrishnan 3.M.Kamaraj 4.P.Arunachalam 5.D.Thiyagarajan 6.A.Raja . Petitioners ..vs..

1.The State of Tamil Nadu, Rep.by its Additional Chief Secretary to Government, Transport Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Transport Commissioner, Chepauk, Chennai - 600 005. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the objections/representation submitted by the petitioners dated 05.06.2018 against the draft Notification relate to fixation of tentative inter-se-seniority among direct recruits and promoted Assistant issued in R.No.24449/R3/2016 (E.O.No.191/2018) dated 23.05.2018 and to revert the unqualified Typist/Steno Typist promoted as Assistant consequent to the order of Government issued in Letter No.76210/Tr.IV/2015-9 dated 01.12.2017 and consequently finalize the inter-se-seniority in the post of Assistant between direct recruits and qualified promoted Assistant, within a time frame.

For Petitioner : M/s.G.Sankaran For Respondents :Mrs.P.Rajalakshmi Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The grievances of the writ petitioners are that the seniority has not been fixed with reference to the Rules in force. In this regard, the writ petitioners submitted a representation on 05.06.2018 and the said representation is yet to be considered by the second respondent.

2. Thus, without going into the merits of the matter, the second respondent is directed to consider the representation submitted by the writ petitioners on 05.06.2018 and pass orders of merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioners are directed to enclose the copy of a representation and all other relevant Government Orders, if any, along with the order passed in the present writ petition.

3. Accordingly, the writ petition stands dispose of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS iii) //True Copy// Sub Assistant Registrar Pns To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Transport Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Transport Commissioner, Chepauk, Chennai - 600 005.

+1cc to M/s.G.Sankaran, Advocate SR.No. 21226 +1 CC TO GOVERNMENT PLEADER SR.NO. 21447 W.P.No.17262 of 2018 A.SK(29/03/2019) https://hcservices.ecourts.gov.in/hcservices/