Kannan.K v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD) Nos.4174 and 4178 of 2021 K.Kannan

...Petitioner

Vs.

1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-16.

2.The General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai-16.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to promote the petitioner as Checking Inspector under 25% quota earmarked for the Graduate Conductors as per Service Rule Sl.No.4(a) 'Part C' of Appendix II applicable to all Transport Corporation and to extend the benefit of similarly placed Graduate Conductor of other Regions of respondent Corporation in Dindigul and Virudhunagar.

For Petitioner : Mr.S.Govindan For Respondents : Mr.J.Senthilkumaraiah Standing Counsel

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to promote him as Checking Inspector under 25% quota earmarked for the Graduate Conductors as per Service Rule Sl.No.4(a) 'Part C' of Appendix II applicable to all Transport Corporation and to extend the benefit of similarly placed Graduate Conductor of other Regions of respondent Corporation in Dindigul and Virudhunagar was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 1/3

20.10.2020, which is still pending..

3. 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 respondents 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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, it would be appropriate to direct the second respondent to consider the petitioner's representation dated 20.10.2020, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 20.10.2020 on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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Cp To 1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-16.

2.The General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai-16.

10.03.2021 GS(24.03.2021) 3P 3C 3/3