V.Lawrance, v. The Managing Director,
In the High Court of Judicature at Madras Dated : 28.08.2017 Coram :
The Honourable Mr.Justice S.M.SUBRAMANIAM W.P.Nos.5096 of 2016 V.Lawrance
...Petitioner
Vs
1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., (Coimbatore Division Ltd) No.37, Mettupalayam Road, Coimbatore -641 043.
2. The Administrative Officer, TNSTC Employees Pension Fund Trust, Tiruvallur Home, SETC Complex, No.2, Pallavan Salai, Chennai 600 002.
3. The Additional Chief Secretary to Governments and Chairman of all STU's Transport Department, Secretariat, Fort St.George, Chennai -9.
...Respondents
Prayer: Petition under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, direct the respondents to consider the name of the petitioner in the Senior Deputy Manager Promotional Panel List on the basis of his representation dated 01.02.2016.
For Petitioner :Ms.D.Roobini Chitra For Respondents:Mr.P.Paramasivadoss for 1 and 2 Mr.K.Dhananjayan for R3
ORDER
The relief sought for in this writ petition is for a direction to the respondents to consider the name of the writ petitioner for promotion to the post of Senior Deputy Manager based on the representation submitted by the petitioner on 01.02.2016.
2.The learned counsel appearing for the writ petitioner states that the Writ petitioner is working as a Deputy Manager under the first respondent Tamil Nadu State Transport Corporation (Coimbatore Division -1) Ltd. Though, the writ petitioner is eligible for promotion to the post of Senior Deputy Manager, his right of promotion has not been considered and his name has not been included in the panel for promotion to the post of Senior Deputy Manager.
However, the non consideration of the name of the writ petitioner is on account of certain writ petitions and writ appeals pending before this Court. The writ petitioner states that the writ appeal preferred by the respondent Corporation in this regard was also dismissed by this Court on 02.09.2008 and the SLP filed against the order of the Hon'ble Division Bench was also dismissed. Even under these circumstances, the representation submitted by the writ petitioner has not been considered.
3.Thus, without going in to the merits and demerits of the matter, the first respondent is directed to consider the representation submitted by the petitioner dated 01.02.2016 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
4. Accordingly, this writ petition stands disposed of. However, there is no order as to costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vv
To
1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., (Coimbatore Division Ltd) No.37, Mettupalayam Road, Coimbatore -641 043.
2. The Administrative Officer, TNSTC Employees Pension Fund Trust, Tiruvallur Home, SETC Complex, No.2, Pallavan Salai, Chennai 600 002.
3. The Additional Chief Secretary to Governments and Chairman of all STU's Transport Department, Secretariat, Fort St.George, Chennai -9.
+1 cc to M/s.D.S.Ramesh Advocate sr 62021 +1 cc to M/s.P.Paramasivadoss Advocate sr 62306 +1 cc to the Government Pleader sr 62601 W.P.No.5096 of 2016 mp(co) aa03/10/2017