Manikandan.B v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.13336 of 2023 B.Manikandan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai - 625 010.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai - 625 010.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent herein to appoint the petitioner in any permanent vacancy 1/6

available and suitable to the petitioner's qualification in the respondent Corporation.

For Petitioner : Mr.K.K.Samy For Respondents : Mr.S.C.Herold Singh - for R1 & R2

ORDER

The present writ petition has been filed seeking a Writ of Mandamus, to direct the first respondent herein to appoint the petitioner in any permanent vacancy available and suitable to the petitioner's qualification in the respondent Corporation.

2. Heard Mr.K.K.Samy learned counsel for the petitioner and Mr.S.C.Herold Singh, learned counsel appearing for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner's father, died in the year 2007, while he was in service and hence, the petitioner had filed an application seeking compassionate appointment.

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4. On considering the application of the petitioner, the petitioner has been called upon to produce certain documents and in response to that, the petitioner went for certificate verification and thereafter, the first respondent has sent a communication stating that the petitioner is in the seniority list as serial No.220 in the waiting list seeking compassionate appointment.

5. The learned counsel for the petitioner submitted that even if the juniors in the list have been given with the appointment order, no appointment order has been given to the petitioner so far.

6. The learned counsel for the respondents submitted that juniors to the petitioner have got a better qualification by having a driving licence and conductor licence and hence, it is possible for them to accommodate in any of the post eligible for their qualification.

7. The learned counsel for the petitioner submits that the petitioner had got a certificate of proficiency in Automobile workshop. 3/6

8. In such case, the respondent Corporation shall consider the claim of the petitioner and issue appointment order to the post equivalent to his qualification, whenever any vacancy arises.

9. With the above direction, the Writ Petition stands disposed of. No costs.

12.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai - 625 010.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai - 625 010.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.13336 of 2023 Dated:

12.06.2024 6/6