K. RAVI Vs. MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, REP. BY ITS MANAGING DIRECTOR, KUMBAKONAM

JUDGEMENT

(1.) The prayer in the Writ Petition is for a Writ of Certiorarified mandamus, calling for tie records relating to the order of the responds in TNSTC/Kumba/legal/Sa2/10/2007, dated 27.12.2008, quash the same and consequently to direct the respondent to re-employ the petitioner as conductor as per G.O. Ms. No. 41, Transport (C.1) Department, dated 13.07.2006 and to pay him the wages forth; period of his non-employment from 01.01.2007 and other benefits.

(2.) Though the petitioner in this Writ Petitioner seeks for re-employment as conductors the respondent-Corporation, this case have a checkered history, as the present Writ Petition is the fourth round of litigation by the present petitioner. The petitioner was appointed as conductor temporarily in the month of Oct., 1984 at the respondent-Corporation and he was paid wages on daily rated basis one in a month. Though he has continuously employed for more than 240 days of service in 12 calendar months, he was not made permanent. While so, in the year 1989, sit the respondent-Corporation had undergone the exercise of appointing conductors on permanent basis, since the name of the petitioner had also been sponsored by the Employ Exchange for the said regular appointment of the conductor in Government Transport Corporation, Trichy, which is part of the respondent-Corporation, he had attended the interview. However, he was not considered for appointment though number of his juniors, who had been appointed on temporary basis, had been considered and appointed on permanent basis.

(3.) Therefore, the petitioner had come out with the first round of litigation in W.P. No. 3559 of 1991, wherein, he had also sought for an injunction from terminating the services of tie petitioner. Though injunction was granted w this Court in the said Writ Petition, the petitioner's service was dispensed with by the respondent-Corporation from 14.10.1996. hereafter, the Writ Petition was finally heard and disposed of by this Court on 14.10.1998. Is the said order, this Court had directed the respondent-Corporation to issue orders in favour of the petitioner, making him permanent as conductor in the Corporation concerned. However, challenging the said order of the learned Single Judge of this Court, the respondent-Corporation had preferred a Writ Appeal in W. A. No. 667 of 1999 and the same was pending for some time.