C SUBRAMANI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner has filed the present writ petition, seeking to challenge an order dated 15.10.2009 passed by the second Respondent viz., the Managing Director of Tamil Nadu State Transport Corporation Limited having head quarters at Coimbatore and after setting aside the same seeks for a declaration that all appointments to the post of Assistant Manager (Legal) and other posts in the legal wing of the Administrative Department of the second Respondent Corporation are contrary to the Tamil Nadu State Transport Corporation Common Service Rules as null and void and for a consequential direction to consider and appoint persons who possess B.L. qualification and who are working in the lower posts to be appointed as Assistant Manager (Legal), Senior Superintendent (Legal) by invoking Rule 97 of the Service Rules.

(2.) By the impugned order dated 15.10.2009, the second Respondent appointed M.G. Sadayappan, the 4th Respondent herein as Assistant Manager (Disciplinary Cases),Erode Region and K.T. Govindarajan, the 5th Respondent herein as Deputy Manager (Personnel and Legal), Erode Region.

(3.) The writ petition was admitted on 23.12.2009. Pending the writ petition, this Court granted an interim stay of the impugned order on condition that the stay will operate only if the order was not given effect to. Subsequently, when the matter came up on 29.07.2010, the interim stay was directed to be continued until further orders. Again when the matter came up on 09.08.2010, not noticing the continuance of the interim order already granted, again it was extended until further orders. When the matter came up on 16.08.2010, the stay was made absolute since the contesting Respondents have not filed any counter affidavits.