P.Padmanaban v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Padmanaban ... Petitioner Vs.
1.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its Managing Director, Tirunelveli.
2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.
3.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to promote the petitioner to the post of Driving Instructor with effect from 1/5
29.04.2023, the date on which his junior J.Godwin Ravichandran (Driver EDP No. 6052) was promoted and consequently direct the respondenst to re-fix his last drawn scale in this scale of pay of Rs.35,500 - 1,12,800 and to pay him revised pension, the difference amounts in the benefits in respect of Gratuity, Encashment of Earned Leave Salary, Commuted Value of Pension and Monthly Pension along with Dearness allowance and with arrears from the date of retirement as per the 14th Wage Revision Settlement, dated 24.08.2022 together with interest at 6% per annum for the differential payment to be computed from the date of his retirement (i.e.,) 31.05.2023 till the date of payment within a time frame as may be fixed by this Court and pass such further or other orders as this Court.
For Petitioner : Mr.A.Rahul For R-1 & R-2 : Mr.D.Jebaraj Standing Counsel For R-3 : Mr.S.C.Herold Singh Standing Counsel
ORDER
The instant writ petition has been filed by a Special Grade Driver working in the respondent Transport Corporation seeking a Mandamus to promote him to the post of Driving Instructor with effect from 29.04.2023. 2/5
2. It is the grievance of the petitioner that his junior one Mr.J.Godwin Ravichandran was promoted ahead of him as Driving Instructor and therefore, seeking the said benefits, the petitioner has given a representation on 03.10.2023 to the second respondent. Since there is no response, the present writ petition has been filed.
3. Considering the above said facts, the second respondent is directed to consider the representation of the petitioner, dated 20.05.2023 and pass 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.
4. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs.
02.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5
To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli.
2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.
3.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.
4/5
R.VIJAYAKUMAR, J.
BTR 02.12.2024 5/5