Madras High CourtWP/8248/2016disposed of

G.Thilakavathy, v. The Managing Director,

2016-03-07Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8248 of 2016 G.Thilakavathy ..Petitioner -vs1. The Managing Director Metropolitan Transport Corporation (Chennai) Limited Registered Office Pallavan Salai Chennai 600 002

2. The Secretary to Government of Tamil Nadu Transport Department Fort St.George Chennai 600 009 ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner for promotion to the post of Superintendent in the respondent Corporation in terms of the seniority list drawn by the first respondent dated 01.09.2015 and made in No.153/PP (Estt.)1/MTC/2015 with all monetary benefits.

For Petitioner::

Mr.G.Ravi Sankar For Respondents::

Mr.S.Gunasekaran Additional Government Pleader for R2

ORDER

This writ petition has been filed by Mrs.G.Thilakavathy seeking a mandamus to the respondents to consider her case for promotion to the post of Superintendent in terms of the seniority list drawn by the first respondent dated 1.9.2015 with all monetary benefits.

2. Heard the learned counsel for the petitioner. Mr.S.Gunasekaran, learned Additional Government Pleader takes notice on behalf of the second respondent.

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3. The crux of the case of the petitioner is that the first respondent had prepared a seniority list dated 1.9.2015, in which her name was shown in Serial No.24. A perusal of the said list shows that the Metropolitan Transport Corporation (Chennai) Limited had shown the names of the employees as on 30.6.2015 for further promotion and the further reading of the reply given by the Public Information Officer dated 8.1.2016 also shows that the number of available vacancies in the posts of Superintendent and Senior Superintendent as on 30.6.2015 were 52. The reply further states that 27 employees were given promotion to the post of Superintendent, both in working and miscellaneous groups. While so, when the petitioner was ranked 24th, it is not known why she has not been given promotion, as she retired only on 31.12.

2015 on reaching the age of superannuation. Therefore, the respondents are directed to consider the case of the petitioner for promotion in the light of the seniority list drawn by the first respondent dated 1.9.2015 and if she is found eligible as per rules, the respondents shall pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the writ petition stands disposed of. Consequently, W.M.P.No.7354 of 2016 is closed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ss To

1. The Managing Director Metropolitan Transport Corporation (Chennai) Limited Registered Office Pallavan Salai Chennai 600 002

2. The Secretary to Government Transport Department Fort St.George, Chennai 600 009 +1cc to Mr.G. Ravi Sankar, Advocate, S.R.No.14642 +1cc to the Government Pleader, S.R.No.14478 KJI(CO) EU(07/04/2016) W.P.No.8248 of 2016 https://hcservices.ecourts.gov.in/hcservices/