Madras High Court
The Managing Director vs /6 on 7 October, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
W.A(MD)No.2813 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.10.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A(MD)No.2813 of 2025
and
C.M.P(MD)No.15732 of 2025
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Kumbakonam Region,
No.27, New Railway Station Road,
Kumbakonam.
2.The General Manager,
Law Department,
Tamil Nadu State Transport
Corporation (Kumbakonam) Limited,
Karaikudi Region,
Karaikudi.
3.The Administrator,
Tamil Nadu State Transport Corporation Pension Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai -2. ... Appellants/Respondents 2 to 4
Vs.
1/6
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W.A(MD)No.2813 of 2025
1.N.Nageshwaran ... 1st Respondent/Writ Petitioner
2.The State of Tamil Nadu,
Represented by its Commissioner,
Secretary to Government,
Transport Department,
Fort St. George,
Chennai – 09. ... 2nd Respondent/1st Respondent
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set
aside the order made in W.P.(MD)No.14790 of 2018 dated 28.02.2023 on
the file of this Court.
For Appellants : Mr.S.C.Herold Singh
For Respondents : Mr.G.M.Xavier (R1)
: Mr.S.P.Maharajan (R2)
Special Government Pleader
JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
We have heard Mr.S.C.Herold Singh, learned counsel
appearing for appellants, Mr.G.M.Xavier, learned counsel appearing for
R1 and Mr.S.P.Maharajan, learned Special Government Pleader
appearing for R2.
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2.We find no infirmity in the order dated 28.02.2023. The writ
petitioner had challenged various orders passed by the Tamil Nadu State
Transport Corporation ('Corporation'), seeking a consequential direction
to the respondents to treat him as Junior Assistant from the date of his
original appointment as Clerk in the said Corporation.
3.The learned Judge has noted that there was no dispute
regarding the writ petitioner's entry into service as a Clerk in the year
1980 and his re-designation as Junior Assistant in the year 1985. Learned
Judge also noted that identical placed persons as the writ petitioner had
been given the benefit of re-designation as Junior Assistant from the
dates of their appointment.
4.The two arguments that were raised before the Writ Court
and reiterated before us are, one, that the writ petitioner was not on the
rolls of the Corporation on the date of resolution ie., 27.09.2010. We
reject this argument for the reason that the services of the writ petitioner
and his date of entry into service are not in dispute. The writ petitioner is
not in the control of the rolls of the Corporation and hence, this can be no
reason to deny him the benefit.
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5.The second ground was that the representation of R1 was
belated. However, this argument has been considered in the case of
similarly placed persons and rejected and hence rightly rejected in the
present case as well. In all, we find no infirmity in the order of the writ
Court and confirm the same.
6.This Writ Appeal is dismissed. No costs. Consequently,
connected Miscellaneous Petition is closed.
[A.S.M.J.,] & [C.K.J.,]
07.10.2025
NCC :Yes/No
Index :Yes/No
Internet :Yes
ps
To
1.The Commissioner,
Represented by its State of Tamil Nadu,
Secretary to Government,
Transport Department,
Fort St. George,
Chennai – 09.
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2.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Kumbakonam Region,
No.27, New Railway Station Road,
Kumbakonam.
3.The General Manager,
Law Department,
Tamil Nadu State Transport
Corporation (Kumbakonam) Limited,
Karaikudi Region,
Karaikudi.
4.The Administrator,
Tamil Nadu State Transport Corporation Pension Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai -2.
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DR.ANITA SUMANTH, J.
AND
C.KUMARAPPAN, J.
ps
07.10.2025
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