G.Pavanasam, v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2018
CORAM:
THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18967 of 2018 G.Pavanasam ...
Petitioner Vs.
1. The Managing Director, The Tamil Nadu Civil Supplies Corporation, No.12. Thambusami Road, Kilpauk, Chennai - 600 010
2. The Regional Manager, The Tamil Nadu Civil Supplies Corporation, Regional Office, Tirunelveli Region, Maharaja Nagar, Tirunelveli.
...
Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent herein to consider the petitioner's request for appointment to the post of 'Telephone Operator' in the 2nd respondent Corporation based on his reminder representation dated 13.06.2018. For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.Rajakarthikeyan
O R D E R
The Writ Petition has been filed praying to issue a Writ of Mandamus, directing the 2nd respondent herein to consider the petitioner's request for appointment to the post of 'Telephone Operator' in the 2nd respondent Corporation based on his reminder representation dated 13.06.2018.
2. The learned counsel appearing for the petitioner would submit that the petitioner had joined in the respondent Corporation, as Electrician, on 08.04.1993. While so, on 07.02.1998, the petitioner met with electrical accident and suffered with 12% permanent disability. Therefore, he has been provided with an alternative job in the clerical work through the proceedings of the respondents, dated 03.03.2009 and 13.03.2009 respectively. In the https://hcservices.ecourts.gov.in/hcservices/
meanwhile, the petitioner had completed his Telephone Operator Training Course, after obtaining prior permission from the 2nd respondent in the year, 2013. Therefore, the petitioner made a representation, dated 15.08.2013, to the Zonal Officer, to consider him for appointment to the post of Telephone Operator. Eventhough the petitioner has accepted for reduction of his Grade Pay from Rs.2,600/- to Rs.2,400/-, in case, if he is provided with Telephone Operator post, through his representation, dated 14.03.2016, his request has not been considered sofar. Therefore, the petitioner has come forward with the aforesaid prayer.
3. When the matter is taken up for hearing it is stated by the respondents that the petitioner has sent a consent for reduction of grade pay and the respondents are unable to grant the telephone operator post because of lacking seniority. The petitioner is standing far behind and 4th place in the seniority list and as and when the turns of the petitioner comes, his case will be considered and he will be accommodated to the post of Telephone Operator.
4. Recording the submission of the learned standing counsel appearing for the respondents, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-II) To
1. The Managing Director, The Tamil Nadu Civil Supplies Corporation, No.12. Thambusami Road, Kilpauk, Chennai - 600 010
2. The Regional Manager, The Tamil Nadu Civil Supplies Corporation, Regional Office, Tirunelveli Region, Maharaja Nagar, Tirunelveli.
+ 1 CC TO Mr.D.SRINIVASA RAGHAVAN, ADVOCATE IN SR No. 85255 MPK TE/SV/SAR-2 : 09/11/2018 : 2P/4C W.P.(MD)No.18967 of 2018 18.09.2018 https://hcservices.ecourts.gov.in/hcservices/