Madras High Court
B.Singaravel vs Tamil Nadu State Transport on 2 August, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P(MD)No.4350/2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.4350 of 2008
B.Singaravel ... Petitioner
Vs.
1.Tamil Nadu State Transport
Corporation (Madurai) Ltd.,
Through its Managing Director,
By Pass Road, Madurai-10.
2.The General Manager,
Tamil Nadu State Transport
Corporation (Madurai) Ltd.,
Tirunelveli Division,
Vannarpet,
Tirunelveli-3. ... Respondents
PRAYER: Writ Petitions under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the
records of second respondent in No.8020/Niya 1/TNSTC/Tin/07 and
quash the order dated 08.03.2008 direct the respondents to issue
orders appointing the petitioner as Time Keeper/Ticket Checking
Inspector/Controller with the attendant benefits.
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W.P(MD)No.4350/2008
For Petitioner : Mr.Ashok
for Jeyapaul Associates,
For R1 & R2 : Mr.K.Sathiya Singh
ORDER
The relief sought for in the present writ petition is for a direction to the respondents to issue orders appointing the petitioner as Time Keeper/Ticket Checking Inspector/Controller with the attendant benefits.
2. The learned counsel appearing on behalf of the respondents states that the petitioner was not eligible during the relevant point of time. However, now, he attained the age of superannuation and retired from service. In respect of the eligibility, the counter affidavit filed by the respondents enumerates the procedure for promotion to the post of Time Keeper/Ticket Checking Inspector/Controller. In paragraph-5 of the counter affidavit, which is extracted hereunder:-
“5. I submit below the procedure for promotion to the post of Checking Inspector/Time Keeper.2/4
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a) Sr.Checking Inspector/Time Keeper- By promotion from among the Special grade conductors who posses the MGEQ
b)Checking Inspector/Time Keeper - By promotion from among the selection grade conductors (3rd Level) and and Sr.conductors (2nd Level) in working group to the post of Checking Inspector/ Time Keeper (2nd Level) in the Miscellaneous group, as follows:-
c)Junior Checking Inspector/ - a)75% of the Promotion, from among Time Keeper the selection grade conductors (3rd Level) in the working group to the post of Checking Inspector/Time Keeper (2nd Level) in the Miscellaneous group, as follows:
1)50% from among the selection grade conductors who have possess MGEQ or any higher Qualification, and
2)50% from among the selection grade conductors who have passed form III/standard VIII or any higher qualification.
b)25% of the promotions from among the Sr.Conductors (2nd Level) in the working group, who posses a Degree in Arts or science or Commerce, to the post of Jr.Checking Inspector/Jr.Time Keeper (1st Level) in the Miscellaneous group.
S.M.SUBRAMANIAM,J.
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3. It is further contended that the respondent Corporation strictly adhere with the procedure contained in the common service rule. The writ petitioner was found no eligible for promotion during the relevant point of time and therefore, he was not considered for promotion. In view of the fact that the writ petitioner had already been attained the age of superannuation, the relief as such sought for to appoint him to the post of Time Keeper/Ticket Checking Inspector/Controller cannot be granted at this length of time.
4.Accordingly, the writ petition stands dismissed. No costs.
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