Madras High Court
L.Rajalingam vs / on 4 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.15732 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.15732 of 2017
and
W.M.P.(MD)Nos.12442 & 12443 of 2017
L.Rajalingam ... Petitioner
/Vs./
1.The General Manager,
Nagercoil Region,
The Tamilnadu State Transport Corporation (Tirunelveli) Ltd.,
Nagercoil, Kanyakumari District.
2.The Tamilnadu State Transport Corporation (Tirunelveli) Ltd.,
Kattabomman Nagar,
Tirunelveli-11,
Represented by its Managing Director.
3.R.Venkatasubramanian ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified mandamus to call for the records relating to
the proceedings of the first respondent in proceedings No.5640/A3/
TNSTC/NGL/2008 dated 08.08.2017 and to quash the same and
consequently direct the respondents 1 & 2 to promote the petitioner to
the post of junior engineer.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15732 of 2017
For Petitioner : Mr.V.Kannan
For Respondents : Mr.K.Sathiya Singh (R1 & R2)
Standing Counsel
No appearance (R3)
ORDER
This writ petition has been filed challenging the impugned order
dated 08.08.2017 appointing the third respondent to the post of Foreman
erroneously on the ground that the third respondent had passed Diploma
examination prior to that of the petitioner. As according to him, the same
should not have been considered and the year of appointment of the
petitioner to the post of Tradesman was considered. The petitioner is
senior to that of the third respondent and he ought to have been
appointed as Foreman instead of the third respondent.
2. The learned counsel appearing for the petitioner would now
submit on instructions that the petitioner does not want to disturb the
services of the third respondent as Foreman and that he will be satisfied,
if the petitioner's request for promotion to the post of Foreman is
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considered by the respondents 1 and 2, on merits and in accordance with
law within a time frame to be fixed by this Court.
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 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 promoted to the post of Foreman.
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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 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 promoted to the post of Foreman, from the date when
it became due for his promotion, within a period of three months from
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the date of receipt of a copy of this order. No costs. Consequently,
connected miscellaneous petitions are closed.
04.09.2024
Index : Yes / No
NCC : Yes / No
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TO:
1.The General Manager,
Nagercoil Region,
The Tamilnadu State Transport Corporation (Tirunelveli) Ltd.,
Nagercoil, Kanyakumari District.
2.The Tamilnadu State Transport Corporation (Tirunelveli) Ltd.,
Represented by its Managing Director,
Kattabomman Nagar,
Tirunelveli-11,
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
Sm
Order made in
Dated:
04.09.2024
https://www.mhc.tn.gov.in/judis
