The Managing Director v. S. Jeyapaul Abraham

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2018 CORAM :

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRs. JUSTICE R.THARANI WA (MD) No.951 of 2017

1. The Managing Director, Tamilnadu State Transport Corporation, (Tirunelveli) Limited, Tirunelveli.

2. The General Manager, Tamilnadu State Transport Corporation, (Tirunelveli) Limited, Tirunelveli Region, Vannarpettai, Tirunelveli.

... Appellants

Versus

1.S.Jeyapaul Abraham 2.The Commissioner and Secretary to Government, Transport Department, Secretariat, Chennai.

... Respondents Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order dated 27.02.2017 made in W.P.(MD) No.2827 of 2017 on the file of this Court.

Prayer in WP(MD). 2827/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to re designate the petitioner as Junior Assistant retrospectively from the initial date of appointment based on the Degree Qualification in the same manner the post of the persons who were appointed along with the petitioner as Record Clerks were re-designated as Junior Assistant from the date of their acquiring Degree in the light of the orders of this Honble Court in W.P.No.11076/2014, 11476/2014 and 4479/2015 by order dated 12.10.2015 which was complied by the orders of the 2nd respondent dated 02.01.2016 and in the light of the orderes passed by this Hon'ble Court in W.P.(MD)No.3370/2016 dated 11.01.2017.

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For Appellant : Mr.A.Jeyaram For Respondents : Mr.S.Govindan for R1 Mr.V.R.Shanmuganathan, Spl.G.P.

For R2

JUDGMENT

(Judgment of the Court was delivered by T.S.SIVAGNANAM,J) Heard Mr.A.Jeyaram, the learned counsel for the appellant and Mr.S.Govindan, learned counsel for the first respondent and Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the second respondent.

2.The learned counsel for the first respondent submitted that identical issue raised in several other appeals filed by the appellant Corporation have been implemented. To establish the said submission, a copy of judgment in W.A.(MD) NO.391 of 2017 dated 13.04.2017 was produced before this Court. 3.We find from paragraph Nos.4 and 6 of the judgment the Division Bench has noted that similar orders have been implemented. Therefore, we find no reason to entertain the writ appeal.

4.Accordingly, this writ appeal fails and the same is dismissed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The Commissioner and Secretary to Government, Transport Department, Secretariat, Chennai.

+ 1 cc TO Mr.S.Govindan , Advocate in SR No. 52203 Arul AE/KKR/SAR2/13.03.2018/2P/3C Judgment made in WA (MD) No.951 of 2017 01.03.18 https://hcservices.ecourts.gov.in/hcservices/