K.Ramasamy v. The Managing Director

W.P.(MD)No.2740 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.2740 of 2017 and W.M.P.(MD).Nos.2271 and 2272 of 2017 and 19706 of 2018 K.Ramasamy ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai District.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to promote the petitioner as Checking Inspector under 25% quota earmarked for the Graduate Conductors as per Service Rule Sl.No.4 (a) 'Part C' of Appendix II applicable to all Transport Corporation and to extend the benefit of similarly placed persons, in the light of the judgment in W.P(MD).No.9839 of 2009 dated 01.12.2010 and in W.P(MD).Nos.13209 and 13210, dated 19.09.2014. For Petitioner : Mr.S.Govindan For Respondents : Mr.J.Senthil Kumaraiah Standing counsel

O R D E R

This writ petition has been filed for a direction to the respondents to promote the petitioner as Checking Inspector and to extend the benefit of similarly placed persons, in the light of the judgment in W.P.(MD).No.9839 of 2009, dated 01.12.2010 and in W.P. (MD).Nos.13209 and 13210, dated 19.09.2014.

2. The case of the petitioner is that he joined as a Conductor in the respondent Transport Corporation, on 17.12.1992 and subsequently, he was promoted as Selection Grade Conductor. The petitioner is a B.Com., graduate and his next avenue of promotion is Checking Inspector. Since the petitioner is the Selection Grade Conductor, he is entitled to be promoted as Checking Inspector under 25% quota earmarked for Graduate Conductors. In order to avail such a benefit, the petitioner has made a representation to the first https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2740 of 2017 respondent, on 18.02.2016. However, till date the said representation was not considered. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to dispose of the representation of the petitioner, dated 18.02.2016, on merits and in accordance with law, within a specified period.

4. The learned Standing counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation, dated 18.02.2016 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai District.

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-11101[F] dated 15/03/2021 ) W.P.(MD)No.2740 of 2017 11.03.2021 SMV(CO) KB(25.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2