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Madras High CourtWP(MD)/23278/2017dismissed

Arasu Pokkuvarathu v. The State Of Tamil Nadu

2021-01-21Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.19562 of 2017 Arasu Pokkuvarathu Madurai Thozhilalar Sangam, represented by its General Secretary, A.Kanagasundar, V.P.Sinthan Memorial Building, V.O.C. 2nd Steet, Arul Nagar, Bye Pass Road, Madurai 625 016.

... Petitioner Vs.

1.The State of Tami Nadu represented by Additional Chief Secretary to Government, Transport Department and Chairman of all State Transport Corporation, Fort St. George, Chennai -2.

2.The Management of Tamil Nadu, State Transport Corporation (Madurai) Limited, represented by its Managing Director, Bye Pass Road, Madurai -10.

3.The Company Secretary cum Financial Advisor and Chief Accounts Officer, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to forthwith pass orders re-designating the list of employees/workmen enclosed in the Annexure to the writ petition, who were appointed in the second respondent Corporation on compassionate grounds, in suitable posts commensurate with their educational qualification, as per the orders of the first respondent Government issued in Letter No.5758/C1/2016-2 dated 28.07.2016 within a time frame that may be fixed by this Court. 1/3

For Petitioner : Mr.A.Rahul For R1 : Mr.A.Karthik Government Advocate For R2&R3 : Mr.J.Senthil Kumaraiah Standing counsel

O R D E R

This writ petition has been filed for a direction to the respondents to forthwith pass orders re-designating the list of employees, who were appointed in the second respondent Corporation on compassionate grounds, in suitable posts commensurate with their educational qualifications.

2. The learned counsel appearing for the petitioner would submit that the petitioner is a registered Trade Union and the grievance of the petitioner is that the Members of the Union were not re-designated, based on their educational qualifications, as per 12(3) Settlement. Hence, the present writ petition has been filed with the aforesaid prayer.

3. The learned counsels appearing for the respondents would submit that during the pendency of the writ petition, almost all the Members of the Petitioner Union were re-designated, based on their educational qualifications.

4. Recording the said submission, this Writ Petition is closed. However, if there is any grievance, the petitioner is at liberty to work out the remedy, in the manner known to law. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Additional Chief Secretary to Government, State of Tami Nadu, Transport Department and Chairman of all State Transport Corporation, Fort St. George, Chennai -2.

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2.The Management of Tamil Nadu, State Transport Corporation (Madurai) Limited, represented by its Managing Director, Bye Pass Road, Madurai -10.

3.The Company Secretary cum Financial Advisor and Chief Accounts Officer, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.

+1 CC to Mr.A.RAHUL, Advocate ( SR-2089[F] dated 25/01/2021 ) +1 CC to SGP ( SR-1838[F] dated 22/01/2021 ) 21.01.2021 KM (22.02.2021) 3P 6C 3/3