M.Mohamed Idris, v. The Management,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH M.Mohamed Idris
...Petitioner
Vs The Management, State Express Transport Corporation (Tamil Nadu) Ltd., Thiruvalluvar Illam, Pallavan Salai, 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 regularize the service of the petitioner after completion of 240 days as per settlement dated 30.09.1992 and in consonant with the Award dated 20.08.2009 in I.D.No.330 of 2003 and to fix the time scale of pay and seniority with all consequential benefits.
For Petitioner : Mr.S.T.Varadarajulu For Respondent : Mr.L.S.M.Hazan Fizal 1/4
ORDER
The limited prayer sought for in the present Writ Petition is for a direction to the respondent to regularize the services of the petitioner after completion of 240 days as per the settlement dated 30.09.1992 and in consonance with the Award dated 20.08.2009 in I.D.No.330 of 2003, with all consequential benefits.
2. This Court is of the view that such a claim requires to be considered by the respondent management and this Court may not be justified in stepping into the shoes of the respondent to consider the same. Nevertheless, if the petitioner is granted liberty to give a fresh representation to the respondent ventilating his grievance, with a consequential direction to the respondent to consider the same within a stipulated time, the ends of justice could be secured.
3. In the light of the above observation, the petitioner is granted liberty to give a fresh representation to the respondent, ventilating his grievance and on receipt of the same, the respondent shall consider it on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) 2/4
weeks from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and it is open to the concerned respondent to consider it on its own merits.
4. With the above direction, this Writ Petition stands disposed of. No costs.
10.10.2022 Index:Yes/No Internet:Yes/No hvk To The Management, State Express Transport Corporation (Tamil Nadu) Ltd., Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
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M.S.RAMESH,J.
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