Saravana Muthu.G v. The Tamil Nadu State Transport Corporation (Madurai) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR G.Saravana Muthu ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to redesignate the petitioner as System Operator in terms of Passed/Completion of the Aptitude Test conducted on 15.03.1991 by the Gandhigram Rural Institute and in the light of posting order issued by the 2nd respondent vide Ref: PLD:P3:191, dated 23.04.1991 on par with similarly placed persons with all other service and monetary benefits by considering the petitioner's representation dated 26.06.2021, within the period that may be stipulated by this Court.

For Petitioner : Mr.Mohamed Suhail for M/s.Ajmal Associates For Respondents : Mr.J.Senthil Kumaraiah Standing Counsel

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to redesignate the petitioner as System Operator in terms of Passed/Completion of the Aptitude Test conducted on 15.03.1991 by the Gandhigram Rural Institute and in the light of posting order issued by the 2nd respondent vide Ref: PLD:P3:191, dated 23.04.1991 on par with 1/3

similarly placed persons with all other service and monetary benefits by considering the petitioner's representation dated 26.06.2021, within the period that may be stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.The petitioner was initially appointed as Junior Tradesman and he got qualified to be posted as Data Entry Operator in EDP section of the first respondent Corporation by participating in an internal selection to the post of Data Entry Operator conducted in the Dindigul Region of the first respondent Corporation. Though, he was selected to the post of Data Entry Operator by way of internal selection(aptitude test), his post as Junior Trades Man was not redesignated as Data Entry Operator while all other similarly placed persons in other Corporations, who were selected through the internal selection process were redesignated as Data Entry Operators.

In this regard, the petitioner sent several representations, one such representation dated 26.12.2016 seeking to consider him to redesignate his post as system Operator in terms of completion of the Aptitude Test conducted on 15.03.1991 on par with the similarly placed persons with monetary benefits. However, the said representation is still pending and no orders were passed till date. Therefore, the present Writ petition has been filed before this Court.

5. Considering the submissions made by the learned counsel on either side, this Court, without expressing any opinion on merits, directs the first respondent to consider the petitioner's representation dated 26.12.2016 on merits and in accordance with law within a period of twelve(12) weeks from the date of receipt of a copy of this order.

6.With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) dn 2/3

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To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-26339[F] dated 16/08/2021 ) 13.08.2021 MGJ(26.08.2021) 3P 4C 3/3