Madras High CourtWP(MD)/10489/2018disposed of

T.Nagasundaram, v. The Additional Chief

2019-03-12Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.10489 of 2018 T.Nagasundaram ... Petitioner Vs.

1.The Additional Chief Secretary - cum - Chairman of State Transport Undertakings, Government of Tamil Nadu, Transport Department, Fort St.George, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Corporate Office, By-Pass Road, Madurai - 625 016.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to issue necessary direction to promote the petitioner as Deputy Manager for the post of Company Secretary in the respondent corporation as per Section 203 of the Companies Act and as per the Service Rule of the respondent Corporation enunciated by the Government vide Letter No.16957/D2/2014, dated 04.07.2016 based on his representation dated 24.04.2018 within the time limit as may be stipulated by this Court.

For Petitioner : Mr.K.Gokul For Respondent-1 : Mr.C.M.Marichelliah Prabhu Additional Government Pleader For Respondent-2 : A.Jeyaram

ORDER

Seeking for a direction to the respondents to promote the petitioner as Deputy Manager in the respondent corporation, by considering his representation, dated 24.04.2018, the present writ petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned Counsel appearing on both sides.

3.The petitioner is working as an Assistant Manager with the respondent Corporation. Seeking for the next level promotion, as he possess the prescribed qualification of A.C.S., he sent a representation to the respondents on 24.04.2018. However, the respondents have not taken any steps in this regard. Hence, he approached this Court.

4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the representation of the petitioner would be considered on merits. 5.Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 24.04.2018, and pass appropriate orders, on merits and in accordance with law, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar(P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The Additional Chief Secretary - cum - Chairman of State Transport Undertakings, Government of Tamil Nadu, Transport Department, Fort St.George, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Corporate Office, By-Pass Road, Madurai - 625 016.

+1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.53599 +1 CC to M/s.K.GOKUL, Advocate in SR-53719 WP(MD)No.10489 of 2018 12.03.2019 cmr PK/22.04.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/