T. NAGARAJU Vs. MANAGING DIRECTOR, BMTC

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) Though the relief which has been sought for is an innocuous mandamus what is required to be seen by this Court is whether such a mandamus could be issued in the present facts and circumstances of the case.

(3.) As per the say of the petitioner, the petitioner was appointed as a trainee driver with the respondent- Corporation on 13/1/1987 and deputed for training from 10/6/1988 to 21/6/1990 and his services have been brought on probation with effect from 16/10/1992. However, his services have been confirmed on and from 21/10/1994 and not from the date of his initial appointment. It is in that background by way of a representation dtd. 3/10/2012, he has sought for reviewing the date of probation and placing him on probation with effect from 10/6/1990 and to refix the basic pay and to make payment of differences of wages. In this regard, there is a reference and reliance made to the notification issued on 18/11/2011 whereunder the declaration of probation with respect to certain other employees-workmen of the Road Transport Corporation was reviewed and changed. It is by relying on the same, that Sri.M.C.Basavaraju, learned counsel for the petitioner would submit that the petitioner is discriminated upon and as such, the representation needs to be considered.