Madras High Court
Christopher vs The General Manager on 21 October, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.19671 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.10.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.19671 of 2018
Christopher ... Petitioner
Vs.
1.The General Manager,
Nagercoil Region,
The Tamil Nadu State Transport Corporation
(Tirunelveli) Limited,
Nagercoil,
Kanyakumar District.
2.The Tamil Nadu State Transport Corporation (Tirunelveli)
Limited,
Kattabomman Nagar,
Tirunelveli-I, represented by its
Managing Director. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records relating to
the proceedings of the first respondent in Letter No.
2154/legal2/TNSTC/NGL/2018 dated 28.07.2018 and to quash the same and
consequently direct the respondents to give notional promotion to the petitioner
to the post of Junior Engineer with effect from the date when it was due and
consequentially to pay the amount due to him and to revise his retirement and
pensioner benefits accordingly.
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W.P.(MD)No.19671 of 2018
For Petitioner : Mr.V.Kannan
For R-1 & R-2 : Mr.K.Sathiya Singh,
Standing Counsel
ORDER
This writ petition has been filed challenging the impugned order dated
28.07.2018 passed by the first respondent and, consequently to direct the
respondents to give notional promotion to the petitioner to the post of Junior
Engineer with effect from the date when it was due and consequently to pay the
amount due to him and to revise his retirement and pensionary benefits
accordingly.
2. The learned counsel appearing for the petitioner would now submit on
instructions that the petitioner does not want to disturb the services of his
juniors as Foreman and that he will be satisfied, if the petitioner's request for
notional promotion to the post of Foreman is considered by the respondents 1
and 2, on merits and in accordance with law within a time frame to be fixed by
this Court.
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3. The learned counsel appearing for the petitioner also relied upon a
judgment of the Division Bench of this Court dated 24.01.2017 passed in
WA(MD)No.1279 of 2013 in the case of The General Manager, Tamilnadu
State Transport Corporation, Nagercoil, and Another vs. M.Ayyadurai and
Others, which according to him is a similar issue dealt with by the Division
Bench of this Court. However, the same is disputed by the learned standing
counsel appearing for the respondent Transport Corporation.
4. No prejudice will be caused to the respondents, if the official
respondents are directed to consider the petitioner's request for being promoted
to the post of Foreman, after giving due consideration to the judgment of the
Division Bench of this Court dated 24.01.2017 passed in WA(MD)No.1279 of
2013 referred to supra and if the said decision is applicable to the case of the
petitioner, consider the petitioner's request for being notionally promoted to the
post of Foreman.
5. This Court is not rendering any opinion with regard to the
applicability of the decision relied upon by the learned counsel appearing for
the petitioner, namely decision rendered by the Division Bench of this Court
dated 24.01.2017 in WA(MD)No.1279 of 2013 referred to supra. It is for the
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respondents to consider the same and decide as to whether the same is
applicable to the petitioner or not.
6. Accordingly, this writ petition is disposed of without interfering with
the impugned order, but directing the official respondents to consider the
petitioner's request for being promoted to the post of Foreman, after giving due
consideration to the judgment of the Division Bench of this Court dated
24.01.2017 passed in WA(MD)No.1279 of 2013 in the case of The General
Manager, Tamilnadu State Transport Corporation, Nagercoil, and Another
vs. M.Ayyadurai and Others, and decide as to whether the said decision is
applicable to the case of the petitioner and if found to be applicable, consider
the request of the petitioner for being notionally promoted to the post of
Foreman, from the date when it became due for his promotion, within a period
of three months from the date of receipt of a copy of this order. No costs.
21.10.2024
NCC:yes/no
Index:yes/no
Internet:yes/no
TSG
https://www.mhc.tn.gov.in/judis
To
1.The General Manager,
Nagercoil Region,
The Tamil Nadu State Transport Corporation
(Tirunelveli) Limited,
Nagercoil,
Kanyakumar District.
2.The Managing Director,
Tamil Nadu State Transport Corporation (Tirunelveli)
Limited,
Kattabomman Nagar,
Tirunelveli-I.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
TSG
21.10.2024
https://www.mhc.tn.gov.in/judis
