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D. Edison David v/s The Managing Director, Tamil Nadu State Transport Corporation Madurai Limited, Madurai & Another


Company & Directors' Information:- TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED [Active] CIN = U93090TN1971SGC006089

Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- EDISON INDIA PRIVATE LIMITED [Active] CIN = U31909DL2019PTC352672

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- DAVID AND COMPANY PRIVATE LIMITED [Active] CIN = U51223DL1998PTC097382

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A B T MADURAI PRIVATE LIMITED [Active] CIN = U50102TZ2002PTC010086

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

    W.P.(MD).No. 2684 of 2014

    Decided On, 04 November 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Petitioner: S. Govindan, Advocate. For the Respondents: J. Senthil Kumaraiah, Advocate.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records connected with the impugned orders of Reversion passed by the second respondent in his proceedings Parvai Niruvagam A3/704/2006, dated 06.07.2009 and quash the same and consequently, direct the respondents to restore his original position in the post of Checking Inspector and to sanction and settle the monetary and other consequential and retirement benefits and also to sanction the difference in service benefits intended to the post of Checking Inspector.)The order of reversion reverting the writ petitioner from the post of Checking Inspector to Special Grade Conductor in proceedings, dated 06.07.2009, is under challenge in the present writ petition.2. The petitioner was working as Special Grade Conductor and was promoted as Senior Checking Inspector with effect from 11.02.2009. He was placed under probation for a period of two years as per the office order No.Niruvagam/A3/704/2006, dated 09.02.2009. The order of promotion, dated 09.02.2009 states that the persons promoted on probation and the period of probation may be extended by the administration. During the period of probation, if their efficiency, conduct and performance of their duties are not satisfactory, then, the promotion will be cancelled and they will be reverted back to the original post along with the salary attached to the post, in which, they have worked earlier. Accepting the said condition, the writ petitioner joined in the post of Senior Checking Inspector with effect from 11.02.2009.3. The learned counsel appearing on behalf of the respondents states that during the probation period, it was found that the performance of the writ petitioner was not satisfactory. The counter filed by the respondent also reveals that the petitioner was allotted the duty of Traffic Supervisor for posting Driver and Conductor to buses. The petitioner was frequently absented himself in attending his duties. Moreover, the petitioner was found that he did not have the ability to do the duty of Traffic Supervisor and as such, many buses could not be operated in the schedule timings. In view of the fact that the service of the writ petitioner was not satisfactory and his efficiency level in performing the duties as a Senior Checking Inspector was poor, the order of reversion was passed in proceedings, dated 06.07.2009.4. It is pertinent to note that the petitioner joined as Special Grade Conductor pursuant to the impugned order of reversion and worked for about two years and retired from service on 28.02.2011 and after a lapse of about five years from the date of passing of the impugned order and after attaining the age of superannuation, the petitioner has chosen to file the present writ petition. Thus, the writ petition itself is filed belatedly after a lapse of about five years from the date of passing of the impugned order of reversion. This apart, he joined as per the reversion order in the year 2009 and served upto the year 2011 and retired from service and thereafter, waited for about three years and filed the writ petition in the year 2014.5. Even on merits, the petitioner was promoted and kept under probation. During the probation period, the authorities found that, his performance of duties were not satisfactory and he was unable to control the traffic in an efficient manner. This being the assessment of the authorities competent, such assessment cannot be questioned before the Court of law. The assessment of administration regarding the performance of duties and responsib

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ilities is conclusive unless any personal motive is established. In the present case, the authorities found that the petitioner is not suitable for the promotional post of Senior Checking Inspector and his performance was found to be poor.6. This being the factum, the writ petition is to be dismissed both on merits as well as on the ground of laches. Thus, the writ petition stands dismissed. No costs.
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