##PAGE1##

WP No. 9342 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-03-2026

CORAM THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 9342 of 2024 AND

WMP Nos. 10362 & 10365 of 2024

K.Rajapandian S/o V. Kothandapani

No 22 /2, Ellaiamman Koil Street, Konathi Village, Kattankulathur Post,

Kancheepuram District - 603 203.

..Petitioner Vs

1. The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government

Transport Department Secretariat, Chennai - 600 009.

2. M/s. State Express Transport Corporation, Rep. By Its Managing Director,

No 2 Pallavan Salai Chennai - 600 002.

..Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 2^nd respondent in Impugned Circular No 002293 / HR6 / SETCTN / 2007 dated 02.02.2024 and quash the same and consequently direct the respondents herein to include the name of the petitioner in the seniority List maintained by the 2nd respondent for the Junior Engineers and Assistant Engineers in view of the G.O. (Ms) No 13 Transport (C1) Department dated 14.01.2000 and in the light of the order of this Honourable Court in W.P. No 7648 of 2010 dated 30.06.2022 and

W.P. No 16048 of 2016 dated 23.08.2023 in the similar case and pass orders.

__________

Page1 of 7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2026 03:09:49 pm )

WP No. 9342 of 2024

For Petitioner: Mr.D.Soundar Raj

For Respondents: Mr.P.Balathandayutham Special Government Pleader for R1 & R2

ORDER

The writ petition has been filed seeking the following relief :

“ To issue a Writ of Certiorarified Mandamus to call for the records of the 2^nd respondent in Impugned Circular No 002293 / HR6 / SETCTN / 2007 dated 02.02.2024 and quash the same and consequently direct the respondents herein to include the name of the petitioner in the seniority List maintained by the 2nd respondent for the Junior Engineers and Assistant Engineers in view of the G.O. (Ms) No 13 Transport (C1) Department dated 14.01.2000 and in the light of the order of this Honourable Court in W.P. No 7648 of 2010

dated 30.06.2022 and W.P. No 16048 of 2016 dated 23.08.2023”

2. The petitioner was a degree holder in Bachelor of Engineering.

He joined the 2^nd respondent-Corporation as Junior Engineer on 29.05.1986. His services were regularised on 01.02.1988. After a span of 10 years, the petitioner had been dismissed from service on 20.10.1999 alleging certain irregularities in his duties. Challenging the dismissal order, the petitioner filed I.D.No.637 of 2010 before the Labour Court, Chennai. Vide its award dated 19.09.2014, the Labour Court set aside the

__________

Page2 of 7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2026 03:09:49 pm )

WP No. 9342 of 2024

dismissal order and directed the respondents to reinstate the petitioner with continuity of service with all benefits and 50% back wages. Thereafter, the petitioner had entered into a settlement with the respondents under Section 18(1) of the I.D.Act. Subsequently, he was

reinstated into service and posted at Marthandam Depot on 29.08.2015.

3. The petitioner would submit that he was eligible for promotion as

Assistant Engineer w.e.f. 31.01.1994 and as Senior Assistant Engineer w.e.f. 31.01.2000, in terms of G.O.(Ms) No.13 Transport (C1) Department, dated 14.01.2000, which inter alia provided time bound promotion to Technical and Administrative Supervisors. As per the G.O., the persons in the aforesaid cadre who had completed 6 years of service as Junior Engineer will be promoted as Assistant Engineer and those who had completed 6 years as Assistant Engineer will be promoted as Senior Assistant Engineer or those who had completed 12 years in the post of Junior Engineer will be promoted as Senior Assistant Engineer. The grievance of the petitioner is that he was denied the said promotions and was kept in the post of Junior Engineer for 33 years from 1988 to date. However, his juniors have been favoured with p