Madras High CourtWP(MD)/18918/2016disposed of

E.Rajkumar, S/O.K.Eranian, v. The Tamil Nadu State Transport

2016-10-19Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.18918 of 2016 and WMP(MD)No.13667 of 2016 E.Rajkumar ... Petitioner -vs1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichirappalli District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Declaration declaring the action of the respondents in denying employment to the petitioner in the post of Conductor as illegal and arbitrary and unconstitutional and consequently to direct the respondents to reinstate him in service in the post of Conductor with continuity of service, back wages and all other attendant benefits.

For Petitioner :

Mr.A.Rahul For Respondents :

Mr.D.Sivaraman

O R D E R

The petitioner was duly selected for the post of Conductor and he could not join on account of intervening election. After elections were over, as the petitioner was not given posting, he approached this Court seeking direction to the respondents to give him posting in the post of Conductor by considering his representation, dated 04.09.2016. As the said representation was not considered, this writ petition has been filed. 2.Heard the learned counsel for the petitioner and learned counsel for the respondents.

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3.The learned counsel for the respondents has produced a communication of the Transport Department, dated 18.10.2016, where under, it is stated that the petitioner did not join for duty, and if the petitioner reports for duty, it will be considered as per Rules. The posting order is dated 27.01.2016. 4.The learned counsel for the respondents would further submit that some time may be required by the Transport Corporation, Karaikudi, to get instructions from the Head Office. 5.Under such circumstances, the petitioner shall report to duty before Karaikudi Branch, within a period of two weeks from the date of receipt of a copy of this order and Karaikudi Branch shall consider the posting of the petitioner, within two weeks thereafter. 6.The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/ Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

+1CC to M/S.A.Rahul, Advocate, SR.No. 62271 W.P(MD) No.18918 of 2016 19.10.2016 rj2 AM/SK.SKN/14.11.2016/2P/2C https://hcservices.ecourts.gov.in/hcservices/