Tamil Nadu Tharaivali Arasu Pokkuvarathu Kazhagam v. The Transport Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR 1.Tamil Nadu Tharaivali Arasu Pokkuvarathu Kazhagam Thozhizharkal Urimai Iyakkam Tirunelveli rep.by its State President P.Gunasekaran S/o.Ponnupandian 4/87, Karuppanoothu East Street Muthaiahpuram, Manoor Taluk Thirunelveli District-627 951 2.Dravida Pothu Thozhizhalargal Pathukappu Sangam rep.by its State General Secretary M.Manickam S/o.Mayathevar Javulikadai Bazar Priya Complex First Floor Usilampatti-625 532 Madurai District ... Petitioners -vsThe Transport Secretary Transport Department Secretariat, St.George Fort Chennai-600 009 ... Respondent

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the respondent to take appropriate action on the petitioners' representation dated 24.01.2025 within the time stipulated by this Court.

For Petitioners :

Mr.A.Mu.Sharavanan For Respondent :

Mr.B.Ramanathan Additional Government Pleader

O R D E R

This writ petition is at the instance of two Associations seeking a writ of mandamus directing the respondent to take appropriate action on the representation dated 24.01.2025 submitted by them.

2. A perusal of the affidavit discloses that it is the case of the petitioner - Associations that one V.Saravanan is presently working as the Managing Director in the Tamil Nadu State Transport Corporation, Madurai Division, without undergoing the apprenticeship training, as required under the Apprentices Act, 1961 and Apprentices (Amendment) Act, 1973. It also discloses that certain Assistant Engineers (Mechanical) were dismissed from service for want of undergoing the apprenticeship training and the same was

confirmed by this Court in different writ petitions. Further, the affidavit also discloses that in terms of the provisions contained in the Apprentices Act, 1961 and the Apprentices (Amendment) Act, 1973, completion of apprenticeship training is mandatory for appointment to the posts of Junior Engineer (Mechanical / Electrical) and Assistant Engineer (Mechanical / Electrical). It also discloses that the very same rule, requiring the apprenticeship training is prescribed under the Common Service Rule 75.

3. Having pleaded so, learned counsel for the petitioner contended that the Managing Director of the Tamil Nadu State Transport Corporation, Madurai Division, namely, V.Saravanan, who earlier worked as General Manager in Tirunelveli Region, has not undergone the apprenticeship training and therefore, he is not entitled to continue in the post of Managing Director. Hence, the petitioner - Associations represented to the respondent for taking appropriate action against the said V.Saravanan.

4. From a perusal of the entire affidavit filed in support of this writ petition, there is nothing to indicate that the said V.Saravanan, who is now working as Managing Director, was ever appointed as an Assistant Engineer or Junior Engineer, necessitating the fulfilment of the requirement of undergoing

apprenticeship training. Absolutely, necessary pleadings in this regard are lacking. Even otherwise, the petitioner - Associations failed to disclose their locus to challenge the appointment of the said V.Saravanan as Managing Director of the Tamil Nadu State Transport Corporation. Neither the fundamental right nor the legal right of the petitioner - Associations has been infringed by the appointment of the said V.Saravanan as Managing Director without undergoing the apprenticeship training as required under the Apprentices Act, 1961 and the Apprentices (Amendment) Act, 1973. This Court is of the considered view that this writ petition cannot be entertained and no mandamus can be issued to the respondent for consideration of the representation alleged to have been submitted by the petitioner - Association. In the light of the same, this Court is not inclined to exercise it's extraordinary jurisdiction under Article 226 of the Constitution of India.

5. Accordingly, this writ petition is dismissed. No costs. 03.03.2026 (2/2) NCC :

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To:

The Transport Secretary, Transport Department, Secretariat, St.George Fort, Chennai-600 009.

MUMMINENI SUDHEER KUMAR, J.

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