1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24/08/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.9522 of 2011 and MP(MD)Nos.1 and 2 of 2011 Tamil Nadu State Transport Corporation Dr.Ambedkar Thozhlilar Padhukappu Sangam Rep. By its General Secretary P.Madan Balan, S/o.Paul Iyyadurai L.99, Stage III TNHB Colony VM Chatram, Tirunelveli. ... Petitioner Vs 1.The Chairman and Secretary to Government State Transport Corporation Transport Department Secretariat, Fort St. George, Chennai – 9. 2.The Managing Director Tamil Nadu State Transport corporation (Tirunelveli) Ltd., Central Office, Tirunelveli-627 003. 3.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Central Office, Tirunelveli-627 003. .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the seniority list issued by the third respondent on 20.07.2001 for the graduate conductors and quash the same and to direct the respondents to issue a revised seniority list including the names of Special Grade/selection Grade Graduate conductors, who are having Bachelor degree qualification after completion of S.S.L.C. (11th std), foundation course (+2), who were already completed interview for promotion to the post of checking inspectors. For petitioner ...Mr.T.Selvan For respondents ...Mr.B.Pugalendhi Spl. Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R Mr.B.Pugalendhi, Special Government Pleader, takes notice for the respondents. 2. Contending inter alia that the Tamil Nadu State Transport Corporation, Dr.Ambedkar Thozhlilar Padhukappu Sangam, has been formed for the welfare of the members of that Sangam in the second and third respondents' Corporation, the General Secretary has sought for a Writ of Certiorarified Mandamus to quash the seniority list, dated 20.07.2001, in the post of Conductors and consequently prayed to set aside the same. The Sangam has also prayed for a direction to the respondents to issue a revised seniority list by including the names of Special Grade/selection Grade Graduate conductors, who are having Bachelor degree qualification after completion of S.S.L.C. (11th std), foundation course (+2), who have already completed interview for promotion to the post of checking inspectors. 3. To support the contention that the petitioner Sangam has got locus to seek Writ of Certiorarified Mandamus, the only averments made in Paragraph No.2 of the supporting affidavit is as follows: “ Our Sangam is functioning of the welfare of the members working in second and third respondents' Corporation” 4. Seniority is a matter to be raised or agitated by the employees of the Transport Corporation, if there is any irregularity or illegality in the preparation of seniority list, the aggrieved person has a right to ventilate the same. Even assuming that the competent authorities have not taken into account certain Government orders referred to in the supporting affidavit, it is for the aggrieved persons to take up the cause with the competent authority, in the case on hand, to approach the General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., the third respondent herein or to approach the Court of law. Admittedly, the employees, who are said to have been affected by the seniority in the post of Conductors have not approached this Court to ventilate their grievance. In such view of the matter, the petitioner Sangam, said to have been formed for the welfare of its members, cannot have any locus to maintain the writ petition. 5. Useful reference can also be made to the decisions of this Court in Nadar Mahajana Sangam, Madurai, through its General Secretary (for and on behalf of Share holders of Tamil Nadu Mercantile Bank Ltd. vs. Reserve Bank of India, Central Office, Department of Banking Operation Development, Centre-I, World Trade Centre, Bombay and others, reported in 2006 (1) CTC 776 and yet another decision in the Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31 Kamarajar Salai, Chepauk, Chennai – 600005. 2.The Executive Engineer, Tamil Nadu Water Supply and Drainage Board, Maintenance Division, No.25, Chidambaram nagar 2nd https://hcservices.ecourts.gov.in/hcservices/ 3 street, Tuticorin-628 008 v. Tamil Nadu Kudineer Vadikal Variya Oozhiyar Sangam, Chidambaranar District (CITU) Registered No.124/Chir, No.16, Masilamanipuram Third Street, Tuticorin, rep. by its Secretary, K.Manavalan, reported in 2010 (2) CWC 740. 6. In the light of the above and following the decisions cited supra, this Court is not inclined to entertain the writ petition and hence the writ petition is dismissed. However, the dismissal of the writ petition would not foreclose the right of the aggrieved persons to approach this Court, if so advised. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Chairman and Secretary to Government State Transport Corporation Transport Department Secretariat, Fort St. George, Chennai – 9. 2.The Managing Director Tamil Nadu State Transport corporation (Tirunelveli) Ltd., Central Office, Tirunelveli-627 003. 3.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Central Office, Tirunelveli-627 003. +1cc to the Special Govt.Pleader, SR.No.29023 rr ssk/21.09.2011 /5c-3p/- Writ Petition No.9522 of 2011 and M.P.Nos.1 and 2 of 2011 24.08.2011 https://hcservices.ecourts.gov.in/hcservices/