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Madras High CourtWP/25655/2016disposed of

D.Jayabalan v. The Principal Secretary To

2016-07-22Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.25655 of 2016 and W.M.P.No.21986 of 2016 D.Jayabalan ..

Petitioner -vs1.The Principal Secretary to Government, Transport Department, Fort St.George, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy - Post, Villupuram-605 602.

3.The Staff Selection Committee cum Financial Committee, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy - Post, Villupuram-605 602.

..

Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus directing the second respondent to consider and dispose the representation dated 01.06.2016 to include in the promotion panel of Deputy Manager cadre to the second respondent Corporation over and above than the Junior namely Thiru. K.Selvakumar, the Assistant Manager of the Corporation.

For Petitioner ::

Mr.D.Veerasekaran For Respondents::

Mr.S.Gunasekaran, Additional Government Pleader for R1 Mr.P.Kannan Kumar, Standing Counsel for R2 and R3

ORDER

This writ petition has been filed to direct the second respondent to consider and dispose of the representation dated 01.06.2016 made by the petitioner, to include him in the promotion panel of Deputy Manager cadre in the second respondent Corporation over and above than the Junior namely Thiru. K.Selvakumar, the Assistant Manager of the Corporation. 2.The petitioner states that he belongs to Scheduled Caste Community and he joined as apprentice in the erstwhile Thanthai Periyar Transport Corporation Limited, Villupuram and after completion of training, he was appointed as Assistant Engineer on 09.10.1990 and subsequently promoted as Senior Assistant Engineer on 01.01.1999. The petitioner states that at the time of promotion to the above said post, his seniority had been placed above than one Mr.A.Ganapathy and Mr.K.Selvam.

However, at the time of promotion to the next cadre, ie., Assistant Manager in the year 2007, the ranking of seniority of Mr.A.Ganapathy and Mr.K.Selvam have been placed above the petitioner by placing them as 9th and 10th rank respectively. The rank of the petitioner was fixed as No.22. The reason for fixing the petitioner's seniority below the juniors has not been explained. Hence the petitioner has sent various representations to the second respondent and it was assured that refixation would be carried out, but it was not done so. Thereafter, a writ petition was filed by the petitioner before this Court and the same was withdrawn, on the request of the second respondent that the petitioner would be considered for promotion to the Deputy Manager cadre.

But, to the shock and surprise of the petitioner, the panel for promotion to the post of Deputy Manager cadre, did not contain the petitioner's name. Hence this writ petition.

3.The learned counsel for the petitioner submits that the petitioner has made a representation dated 01.06.2016 in this regard to the second respondent and the same has not been considered till now and hence, this Court may direct the second respondent to consider the representation of the petitioner dated 01.06.2016 and pass appropriate orders within a stipulated time.

4.Considering the facts and circumstances of the case, the second respondent is directed to consider the representation of the petitioner dated 01.06.2016 and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. Till the orders are passed in the representation, one post in the Deputy Manager cadre shall be kept vacant.

5.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar KM To 1.The Principal Secretary to Government, Transport Department, Fort St.George, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy - Post, Villupuram-605 602.

3.The Staff Selection Committee cum Financial Committee, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy - Post, Villupuram-605 602.

+1cc to Mr.D.Veerasekaran, Advocate Sr.41990 +1cc to the Government Pleader Sr.41953 W.P.No.25655 of 2016 and W.M.P.No.21986 of 2016 Mg[co] srg 27/07/2016