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Madras High CourtWP/23454/2025disposed of

R.Vivekanandan v. The State Of Tamil Rep.

2025-06-30Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN R.Vivekanandan ... Petitioner Vs.

1.The State of Tamil Rep.

By its Secretary to Government Transport Department, Secretariat, Fort St George, Chennai 600 009.

2.The Chairman, The Tamil Nadu State Transport Corporation, Secretariat, Chennai: 600009.

3.The Managing Director, The Tamil Nadu State Transport Corporation, (Coimbatore Division-I) Ltd., Head Office, No:82, Mettupalayam Road, Coimbatore - 641242 4.The General Manager, The Tamil Nadu State Transport Corporation, (Coimbatore Division-I) Ltd., Coimbatore.

... 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 Petitioner's Representation dated 06.06.2025 and consequently direct the Respondents to confer time bound promotion to the petitioner as Senior 1/6

Assistant Engineer-w.e.f 02.09.2007 with arrears and monetary benefits by giving effect to G.O.Ms.No.13 Transport (C1) Department dated 14.01.2000 in pursuance to the proceedings of the General Manager, Transport Department, Coimbatore Division in 6007/E01/Tamil Nadu Government Transport (Coimbatore)/2023 dated 06.07.2023. For Petitioner : Dr.R.Gouri For R1 : Mr.R.U.Dinesh Raj Kumar Additional Government Pleader For R2 to R4 : Mr.C.Gauthamaraj Standing Counsel

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents to consider the Petitioner's Representation dated 06.06.2025 and consequently direct the Respondents to confer time bound promotion to the petitioner as Senior Assistant Engineerw.e.f 02.09.2007 with arrears and monetary benefits by giving effect to G.O.Ms.No.13 Transport (C1) Department dated 14.01.2000 in pursuance to the proceedings of the General Manager, Transport Department, Coimbatore 2/6

Division in 6007/E01/Tamil Nadu Government Transport (Coimbatore)/2023 dated 06.07.2023.

3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel for the petitioner would submit that the petitioner has joined in the service of the Respondents/Transport Corporation in the year 1993 as Company Trainee and his services were regularised as Junior Engineer with effect from 02.09.1995 and subsequently, he was promoted to the post of Assistant Engineer on 01.11.2022. The learned counsel for the petitioner would further submit that by virtue of G.O.(Ms).No.13, Transport (C1) Department, dated 14.01.2000, he is entitled for a time bound promotion. However, taking advantage of the delay in the process of promotion, the respondents are not considered the petitioner as per the old G.O.(Ms).No.13, Transport (C1) Department, dated 14.01.2000. It is the further submission of the petitioner that the issue has already been resolved in W.A.No.1100 of 2024, vide judgment dated 12.07.2024 and that inspite of the orders of this Court, the respondents are not giving due 3/6

promotion to the petitioner. In this connection, the petitioner had sent a representation on 06.06.2025 to the respondents, which is pending before the respondents.

5. At this juncture, the learned Additional Government Pleader appearing for the 1st respondent would fairly submit that they would consider the petitioner's representation, within a reasonable time.

6. In such view of the matter, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 06.06.2025 and pass orders on it's own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs. 30.06.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Secretary to Government State of Tamil, Transport Department, Secretariat, Fort St George, Chennai 600 009.

2.The Chairman, The Tamil Nadu State Transport Corporation, Secretariat, Chennai: 600009.

3.The Managing Director, The Tamil Nadu State Transport Corporation, (Coimbatore Division-I) Ltd., Head Office, No:82, Mettupalayam Road, Coimbatore - 641242 4.The General Manager, The Tamil Nadu State Transport Corporation, (Coimbatore Division-I) Ltd., Coimbatore.

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C.KUMARAPPAN, J.

dm 30.06.2025 6/6