S.Indira Krishnan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Indira Krishnan ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye pass Road, Madurai.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pass orders re-designating him in suitable post commensurate with his educational qualification within a time frame that may be fixed by this Court.

For Petitioner : Mr.G.M.Xavier For Respondent : Mr.J.Gunasekaran Standing Counsel 1/5

O R D E R

This Writ Petition has been filed for a direction to the respondent to pass orders re-designating the petitioner in suitable post commensurate with his educational qualification.

2. The case of the petitioner is that the petitioner was appointed as a Conductor on compassionate appointment in the respondent Corporation on 11.12.2015. Thereafter, he was made permanent on 17.08.2016. Now, he is working as a Conductor at Melur Branch of the respondent Corporation. The petitioner has completed B.Sc (Physics) and MBA. As per his qualification, he has to be appointed as Junior Assistant. But the respondent Corporation has been appointing dependants of the deceased employees on compassionate grounds. In this regard, the Additional Chief Secretary to Government, Transport Department and Chairman of all State Transport Corporation vide letter dated 28.07.2016 issued guidelines to re-designate the employees / workmen who were appointed as Non-ITI Helper / Non-ITI Cleaner on compassionate grounds in the Government owned Transport Corporation 2/5

in the posts commensurate with their educational qualification as on the date of submitting the application for compassionate appointment. Though the said letter was passed on 28.07.2016 itself, the same has not been implemented till date. Hence, he made a representation to the respondent on 01.03.2019. But, till date, no order was passed. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondent is directed to dispose of the representation of the petitioner, dated 01.03.2019, on merits and in accordance with law, within a specified period.

4. The learned Standing Counsel appearing for the respondent has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondent to consider the petitioner's representation, dated 3/5

01.03.2019 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

13.12.2022 Index : Yes / No Speaking Order : Yes / No vji To The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye pass Road, Madurai.

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M.DHANDAPANI, J.

vji 13.12.2022 5/5