This writ petition has been filed, seeking a direction to the respondents particularly financial advisors and secretary of the 1st Respondent to promote the petitioner as Selection Grade Assistant Manager (SGAM) with effect from 25.06.2000 by implementing the 141st Board of Directors passed Resolution No. 79 passed by 3rd respondent and approved of the same by the Financial Advisor and Secretary of the Corporation dated 20.12.2000 within the time limit fixed by this Honble Court and by considering the representation of petitioner dated 30.09.2016
2. Heard the learned counsel on either side.
3. The petitioner was originally appointed as ABM (Trainee) in the erstwhile Kattabomman Transport Corporation Ltd., Tirunelveli on 25.03.1985 and was subsequently promoted as Assistant Manager on 24.06.1994 in the third respondent Transport Corporation. Later on, he has been given promotion as Selection Grade Assistant Manager with effect from 25.06.2002.
4. The learned counsel appearing for the petitioner submitted that the 141st Meeting of the Board of Directors of Tamilnadu State Transport Corporation Limited was held on 08.12.2000 and Board Resolution No.79 was passed, giving promotion to the petitioner as Selection Grade Assistant Manager with effect from 25.06.2000 and the same was approved by the Finance Committee of the Transport Corporation on 20.12.2000.
5. The grievance of the petitioner is that though Resolution No.79 was passed as early as on 08.12.2000 and was approved by the Finance Committee of the Transport Corporation on 20.12.2000, till date, the petitioner is not given promotion as Selection Grade Assistant Manager.
6. Resolution 79 of the Minutes of 141st Meeting of the Board of Directors of Tamilnadu State Transport Corporation Limited, is extracted hereunder:
?79.Resolved that the proposal of the Managing Director to promote the following Assistant Managers to the cadre of Selection Grade Assistant Manager under the time bound promotion scheme in the time scale of pay of Rs.10,000 ? 325 ? 15,200 be and is hereby approved, subject to the approval of the Government as recommended by the Finance Committee?.
Item No. Resolution No.2000 ? 2001 Subject/ Resolution 79 Sl.No.
Name Thiruvalargal Designation and Place of work Date of promotion to the S.G.A.M.Cadre 1 Poliah Branch Manager, Kovilpatti 25.06.2000 2 B.Selva Gomathi Kumar Branch Manager, Tiruchendur 24.06.2000 3 D.Robert Dharma Jose Branch Manager Tirunelveli Town 24.06.2000 4 P.S.Chellappan Branch Manager, Mofussal 24.06.2000
7. The learned Standing Counsel appearing for the respondents 2 and 3 would submit that the petitioner will be promoted as per Resolution 79 of the Minutes of the 141st Meeting of the Board of Directors of Tamilnadu State Transport Corporation Limited, but without any monetary benefit as time scale of pay has already been fixed in the resolution.
8. The learned counsel appearing for the petitioner is agreeable for the said submission. In fact, in the representation given by the petitioner dated 24.06.2016, he has given assurance to forego the monetary benefits towards fixing seniority to Manager Cadre.
9. In view of the submissions made on either side, the respondents are directed to give promotion to the petitioner as Selection Grade Assistant Manager by implementing the Resolution 79 of the Minutes of the 141st Meeting of the Board of Directors of Tamilnadu State Transport Corporation Limited with effect from 25.06.2000 itself and pass suitable orders thereon on or before 30.04.2017. It is needless to state that the petitioner is bound by the undertaking given in the representation dated 24.06.2016, with regard to foregoing of his monetary benefits.
10. With the above direction, this Writ Petition is disposed of. No costs.
To:
1. The Principal Secretary to Government & chairman of STU, Transport Department, Fort St.George, Chennai ? 600 009.
2. The Convener, Career Planning Committee, Tamil Nadu State Transport Corporation, Thiruvalluvar House, Pallavan Salai, Chennai ? 600 002.
3. The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Ltd., Kattabomman Nagar, Tirunelveli..