C SUBRAMANI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This Appeal has been filed against the order dated 28.09.2011 passed by the learned Single Judge in W.P.No.27050 of 2009 dismissing the Writ Petition, wherein the order dated 15.10.2009 made in 3700 and 3701 /E3/PD-1/TNSTC(CBE)2009 passed by the Managing Director of Tamil Nadu State Transport Corporation (Coimbatore) Ltd, the second respondent herein was challenged.

(2.) The main grievance of the appellant is that the appointment to the post of Assistant Manager (Legal) and Senior Superintendent (Legal) must be filled only by appointing persons with B.L. Qualification, which is contemplated under Rule 97 of the Tamilnadu State Transport Corporation Common Service Rules. On that basis appellant had sought to quash the appointments of the respondents 4 and 5 which according to him was made contrary to the Rules and also to declare the appointments made to the above posts without Legal qualification, as null and void.

(3.) The second respondent had filed a counter affidavit stating that there is no post as Assistant Manager (Legal) and the posts are filled by promotion and in the absence of qualified candidates, according to the Rules direct recruitment would be made. The organizational chart was approved by the Board on 19.04.1986 and after approval, the posts of Assistant Manager (MACT) and Assistant Manager (Disciplinary Cases) only exist, which do not require any B.L. qualification. It was also contended that as per the existing seniority list, the petitioner is not in the feeder category and he had suffered many punishments and therefore he cannot be considered for promotion.