A.Subramani v. The General Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.31610 of 2019 and WMP.No.31813 of 2019 1.A.Subramani 2.R.Periyasamy 3.K.Ravichandran 4.M.Thandigaivel 5.E.Selvakumar 6.P.Rangan 7.A.Muthusamy 8.N.Ravi 9.M.Abdul Kadar 10.M.S.Saravanan 11.M.P.Subramaniam 12.R.Kumaresan 13.R.Sekar 14.S.G.Balakrishnan 15.N.Govindaraj 16.N.Gopal 17.K.Velusamy 18.M.Subramani 19.L.Palanisamy 20.A.Chinnasamy 21.P.Easwaran 22.C.A.Maheswaran ... Petitioners
Versus
The General Manager, Tamil Nadu State Transport Corporation Limited, Salem Division - I, Salem District.
... Respondent Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent to confer regular time scale of pay to the petitioners from the initial date of their appointment as conductor/driver as the case my be on par with similarly placed persons like the petitioners by considering their representation dated 16.09.2019.
For Petitioners: Mr.S.Mani For Respondent : Mr.P.Kannankumar
ORDER
This Writ petition has been filed seeking to direct the respondent to confer regular time scale of pay to the petitioners from the initial date of their appointment as conductor/driver as the case my be on par with similarly placed persons like the petitioners by considering their representation dated 16.09.2019.
2.The case of the petitioners is that they initially appointed as Conductor/Driver on daily wage basis. Thereafter, their names were referred to the Transport Corporation by the employment exchange in the above said post in time scale of pay on various dates between 14.11.1997 and 31.12.1997 and they were regularized with effect from 03.08.2006 and 07.04.2008. But, similarly placed persons like the petitioners got their service regularization from the initial date of appointment on daily wage basis. However, the service rendered by the petitioners from the initial date of appointment till their regularization on 03.08.2006 was deprived and not taken account for the purpose of conferment of service benefits. On 16.09.2019, the petitioners were sent their joint representation through registered post with acknowledgment. But till date, the petitioners representation was not considered by the respondent. Therefore, the petitioners approached this Court with the above said prayer.
3.Heard both sides and perused the materials available on record.
4. In view of the limited relief sought for, this Court is of the view that it is not necessary to delve into the merits of the issue, but it would be suffice to direct the respondent
to consider the representation submitted by the petitioners dated 16.09.2019 and pass orders on the same within a particular time frame.
5.With the above directions, this writ petition is disposed of directing the respondents to consider the representation of the petitioners dated 16.09.2019 and to pass orders thereon, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar klt To The General Manager, Tamil Nadu State Transport Corporation Limited, Salem Division - I, Salem District.
+1cc to Mr.S.Mani, Advocate Sr.92902 +1cc to Mr.P.Kannankumar, Advocate Sr.93560 +3cc to Mr.S.Mani, Advocate Sr.92902 [06/01/2020] W.P.No.31610 of 2019 and WMP.No.31813 of 2019 srg 05/12/2019