V ANBALAGAN Vs. METROPOLITAN TRANSPORT CHENNAI LTD

JUDGEMENT

(1.) THE petitioner is common in both the writ petitions. In W.P.No.21658 of 2001, the petitioner seeks to challenge the Memorandum No.00198/PS(A)3/MTC/2001, dated 14.09.2001, to quash the same and direct the respondents to promote him to the cadre of Manager with effect from 16.09.1989, the date on which the petitioner was qualified for promotion to the cadre of Manager.

(2.) IN W.P.No.21659 of 2001, the petitioner seeks to challenge the order of the third respondent made in G.O.No.27, Transport (D) Department, dated 25.02.2000, promoting the first respondent to the cadre of Manager, to quash the same and to direct the second respondent to promote the petitioner in the light of the Division Bench Judgment in W.A.No.1542 of 1992, dated 24.08.2000 from the date of the qualifying service and with all attendance benefits.

(3.) SOME of the Deputy Managers who were aggrieved by the criteria fixed by the third respondent in its letter dated 01.04.1987 challenged the same in this Court by filing W.P.No.14449 of 1990, which came to be dismissed by a learned Single Judge by order dated 11.08.1992. Aggrieved by the same, the petitioners in that writ petition filed W.A.No.1542 of 1992. In the said Writ Appeal, the respective State owned Transport Corporations were not impleaded as parties, though the third respondent and the concerned Deputy Managers who came to be promoted as Senior Deputy Managers, were arrayed as parties. The Writ Appeal came to be allowed, by judgment dated 24.08.2000, to which I was also a party. The judgment in the Writ Appeal was the subject matter of challenge before the Supreme Court in Civil Appeal No.2921 of 2001 etc. Following the Division Bench judgment of this Court, W.P.No.21658 of 2001 was allowed and the promotion of the first respondent granted in the impugned order dated 25.02.2000 was set aside. The impugned order in W.P.No.21569 of 2001 was also quashed. But the learned single Judge held that the case of the petitioner can be considered only after framing necessary Service Rules in preparing seniority list on the basis of the Service Rules.