K.Suresh, v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Suresh ... Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., Railway Station New Road, Kumbakonam, Thanjavur District.

2.The Managing Director, Tamil Nadu State Transport Corporation (KUM) Ltd., Railway Station New Road, Kumbakonam, Thanjavur District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 14.03.2016. For Petitioner : Mr.K.Gokul for N.Rahamadullah For Respondents : Mr.D.Sivaraman Standing Counsel

O R D E R

This writ petition has been filed for a direction to the respondents to consider the petitioner's representation dated 14.03.2016.

2. The case of the petitioner is that the petitioner was appointed as Clerk in Kumbakonam Transport Corporation in the year 1997 and thereafter in the year 2007, he was given first review and promoted as Junior Assistant in the year 2008 and transferred to working group from miscellaneous group and rendered 19 years of unblemished service. As per the wage settlement arrived on 01.09.2010, the petitioner has to be given Review from the date of appointment, but he was given first Review in the year 2007 alone and based on the first review his service was made permanent in the year 2001, which is against the settlement dated 01.09.2010. It is 1/3

further stated that as per the settlement, the petitioner ought to have given first Review in the year 2003 and second Review in the year 2010 and the third Review in the year 2017, through which he will get benefits, viz., promotion for Superintendent post and increments. The petitioner sent a representation in this regard to the respondents. But the said representation has not been considered so far. Hence, this writ petition.

3. Heard the submissions made on either side and perused the materials available on record.

4. Learned counsel appearing on behalf of the petitioner request for a direction to the respondents to consider the petitioner's representation dated 14.03.2016 and pass appropriate orders within a reasonable time as fixed by this Court.

5. Though this writ petition was filed in the year 2016, till date, no counter was filed. However, the learned Standing Counsel appearing on behalf of the respondents has no serious objection for the request made by the learned counsel for the petitioner.

6. Considering the limited scope of prayer sought for in this writ petition, without going into the merits of the case, this Court is inclined to issue a direction to the respondents concerned to consider the petitioner's representation. Accordingly, the first respondent is directed to consider the representation of the petitioner dated 14.03.2016 and pass appropriate orders, 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. However, the petitioner is directed to send a copy of the representation along with a copy of this order to enable the respondents to consider his representation.

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

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., Railway Station New Road, Kumbakonam, Thanjavur District.

2.The Managing Director, Tamil Nadu State Transport Corporation (KUM) Ltd., Railway Station New Road, Kumbakonam, Thanjavur District.

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-6851[F] dated 24/02/2021 ) 22.02.2021 PJL MS/16.03.2021/3P.4C 3/3