K.Ramasamy, v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2018

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)No.17603 of 2018 and W.M.P(MD).Nos.15471 and 15472 of 2018 K.Ramasamy : Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai-16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Byepass Road, Madurai-16.

:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to grant the first Review Benefit in 1998 on completion of 6 years of service and second Review Benefit in 2005 on completion of 7 years of service as per the 12(3) Settlement dated 22.01.2011, consequently promote the petitioner as Checking Inspector under 25% quota intended for Graduate Conductors as per the Common Service Rules applicable to all Transport Corporations by placing the petitioner in the appropriate place of seniority list of Graduate Conductors with all monetary and service benefits. For Petitioner : Mr.S.Govindan For Respondents : Mr.A.P.Muthupandian ***

O R D E R

It appears that the petitioner has already approached this Court with the similar prayer in W.P(MD).No.2271 of 2017. Notice has also been ordered by this Court in the said writ petition. However, the present writ petition has been filed substantially having the same prayer. When this was pointed out to the counsel, the learned counsel would submit that in this writ petition, there is also another prayer that is being sought namely, to grant of periodically review benefit, before the petitioner being considered for promotion as Checking Inspector under 25% quota. If that being so, it is always open to the petitioner to seek appropriate amendment in the aforesaid writ petition and certainly, it is not open to the petitioner to file the second writ petition on the same cause of action. Therefore, giving liberty to the petitioner to seek appropriate amendment in the above said writ petition, the https://hcservices.ecourts.gov.in/hcservices/

present Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar (CS-II) +1CC TO MR.S.GOVINDAN, ADVOCATE IN S.R.NO.77841. RMK DS RSK SAR-2:10.09.2018: 2P/2C W.P.(MD)No.17603 of 2018 and W.M.P(MD).Nos.15471 and 15472 of 2018 07.08.2018 https://hcservices.ecourts.gov.in/hcservices/