1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 25.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13383 of 2011 Yoganathan .. Petitioner Vs. The Managing Director, Tamil Nadu State Transport Corporation Limited, Kumbakonam Division, Kumbakonam. .. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to reinstate the petitioner in service along with continuity of service on the basis of the representation of the petitioner, dated 14.10.2011 within the stipulated time fixed by this Court. For Petitioner :M/s.T.Lenin Kumar For Respondent :Mr.T.R.Janarthanan Addl.Govt.Pleader ORDER The petitioner/Yoganathan, was appointed on 08.05.1996 as Junior Engineer at Kamuthi Branch of the respondent Corporation as Company Trainee/as per the order passed by the respondent/Managing Director of Tamil Nadu State Transport Corporation, Kumbakonam Division appointing him as Company Trainee completed the same on 08.05.1997. Thereafter, he was issued with a letter in Ref.Admn.A5-5166, appointing him as Junior Engineer w.e.f.15.09.1997 with 12 conditions. Two of the 12 conditions mentioned therein state that before the completion of probation period, the petitioner should obtain Heavy Motor Transport License and the petitioner has also to pass the test conducted by the Institute of Road Transport(IRT) for declaration of probation. As he has not completed the first condition, namely, failure to obtain Heavy Motor Transport License, he was issued with a show-cause notice, dated 11.07.2002 seeking explanation for not complying with the above mentioned condition. The petitioner also sent his reply dated 11.07.2002 informing the respondent that his probation period was extended for five years from https://hcservices.ecourts.gov.in/hcservices/ 2 the date of appointment and he has also obtained Light Motor Vehicle License on 27.04.2002 and he would get the Heavy Motor Vehicle License after a period of one year as per the provisions of the RTO. He has requested to give extension of time by 9 months, as he has passed the IRT examination. Thereafter, the case of the petitioner is that without passing any order on his explanation, within three months from the date of reply his services were terminated on 08.11.2002 on the ground that he failed to obtain Heavy Motor Transport License in terms of the conditions mentioned in the order, dated 13.08.1997. Subsequently, the petitioner has obtained Heavy Motor Transport License after 8 months from the date of expiry of probation period. However, the petitioner made his representation to consider his subsequent acquisition of the Heavy Motor Transport License and also to recall termination order. The said representation has not been considered till date. As a result, the petitioner has landed up with the present Writ Petition before this Court seeking a direction to consider his representation. 2. The above mentioned facts indicate that the petitioner has miserably failed to comply with the conditions mentioned in the order of appointment posting him as Junior Engineer on 13.08.1997. Though the said order of termination was passed on 08.11.2002, the petitioner for about 9 years has not taken any steps and slept over all along. Hence, this Court is not inclined to entertain this Writ Petition as it is hopelessly barred by time. The Writ Petition fails and accordingly, the same is dismissed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To The Managing Director, Tamil Nadu State Transport Corporation Limited, Kumbakonam Division, Kumbakonam. +1 CC to Special Government Pleader (SR.No.41647) W.P(MD)No.13383 of 2011 25.11.2011 vsn NSV/19.12.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/