Madras High CourtWP(MD)/21938/2016disposed of

Kaleeswaran v. The Managing Director

2016-12-16Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21938 of 2016 Kaleeswaran ... Petitioner vs.

1)The Managing Director, Tamilnadu State Transport Corporation Kumbakonam Limited, Railway Station Road, Kumbakonam.

2)The General Manager, Tamilnadu State Transport Corporation Kumbakonam Limited, Karaikudi Region, Karaikudi.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents herein to appoint the petitioner in the post of Conductor on the basis of his application No.14582 S.I.No.514 dated 16.12.2014 submitted to the respondents, and also by considering petitioner representation dated 10.11.2016 within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.B.Santhanam Rajeshkumar For R1 & R2 : Mr.D.Sivaraman

ORDER

This Writ of Mandamus has been filed seeking for a direction to the respondents, to appoint the petitioner in the post of Conductor, on the basis of his Application No.14582, S.I.No.514, dated 16.12.2014 submitted to the respondents, and also by considering the petitioner's representation dated 10.11.2016, within the time frame to be fixed by this Court.

2.The petitioner is a Graduate belonging to MBC community and registered himself in the employment exchange. The Tamil Nadu State Transport Corporation issued a Notification on 02.11.2015 calling for the applications for filling up of the posts of Conductor and the petitioner also submitted his application. He was called for the Interview and on 16.12.2014, an Interview was conducted. On https://hcservices.ecourts.gov.in/hcservices/

that date, eye test, ear test and other tests were conducted and the petitioner was awarded 41 marks. Thus, the petitioner has complied with all the prescribed conditions as well as obtained the required pass mark in the various tests conducted. So stating, a representation has been submitted by the petitioner to the respondents on 10.11.2016. As the said representation has not been considered, this writ petition has been filed. 3.Upon going through the facts and circumstances of this case, this Court is of the view that the respondents are to be directed to pass orders on the representation of the petitioner. Accordingly, without expressing any opinion on the merits of the case, the respondents are directed to consider the representation of the petitioner dated 10.11.2016 and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1)The Managing Director, Tamilnadu State Transport Corporation Kumbakonam Limited, Railway Station Road, Kumbakonam.

2)The General Manager, Tamilnadu State Transport Corporation Kumbakonam Limited, Karaikudi Region, Karaikudi.

+ 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 70041 + 1 CC TO Mr.B.SANTHANAM RAJESH, ADVOCATE IN SR No. 69842 NBI TE/GSV-PM : 30/11/2016 : 2P/5C W.P(MD)No.21938 of 2016 16.11.2016 https://hcservices.ecourts.gov.in/hcservices/