Senthil Kumar. K v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 19.02.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD).No.3667 of 2024 K.Senthil Kumar ....Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Maruthupathi, Managiri, Karaikudi, Sivagangai District.
...Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 28.12.2023 seeking promotion to the post of Checking Inspector by considering the petitioner's service experience, eligibility and standing orders of the respondent corporation, within a time stipulated by this Court.
For Petitioner : Mr.P.Vijaynivas 1/5
For Respondents :Mr.K.Ramaiah Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents to consider the petitioner's representation, dated 28.12.2023 seeking promotion to the post of Checking Inspector by considering the petitioner's service experience, eligibility and standing orders of the respondent corporation, within a time stipulated by this Court.
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The petitioner joined service as a Conductor in the respondent Corporation in the year 1998 and now, he is working as a Special Grade Conductor at Devakottai Branch. However, considering his 25 years of service, he has not yet been promoted as Checking Inspector despite having eligibility and despite his juniors being prmoted to the said post immediately after completion of 20 years of service. Hence, the petitioner made a representation on 28.12.2023 in this regard. Since the same was not considered, this writ petition came to be filed. 2/5
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
5. Without going into the merits of the case, this Court hereby directs the respondents to consider the representation of the petitioner, dated 28.12.2023 and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of copy of this order.
6. With the above said observations, this Writ Petition stands disposed of. No costs.
19.02.2024 Internet : Yes Index : Yes/No NCC : Yes/No gbg 3/5
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Maruthupathi, Managiri, Karaikudi, Sivagangai District.
4/5
L.VICTORIA GOWRI, J.
gbg W.P.(MD).No.3667 of 2024 19.02.2024 5/5