P.Suresh v. The Government of Tamil Nadu

ORDER This Writ Petition has been filed for the following reliefs:-"forbearing the respondents not to issue the any temporary transfer of service for postings for the post of Regional Transport officer(RTOs) or promotions to the posts of Deputy Transport commissioner (DTCs) Joint Transport commissioner (JTCS) and Additional Transport commissioner (ATC) for the upcoming panels for the year 2025-2026 by without scrupulously following the Tamilnadu state Subordinate service Rules and Tamilnadu Page3 of 7 Transport service Rules in accordance with the law by considering petitioner representation dated 22.2.2024 and consequently directing the respondents to fix the correct seniority, restoration of further promotion on par with petitioner juniors as per the selection of meritorious list of candidates dated 1.10.1992 and 19.11.1992 of the service commission with all attendant service and monetary benefits. Brief Facts:-

¶2The petitioner would submit that he joined service as a Motor Vehicle Inspector (MVI) Grade II on 09.08.1993 in the Tamil Nadu Transport Subordinate Service. Thereafter, he was promoted as MVI Grade-I with effect from 19.06.1998 and was subsequently promoted as Regional Transport Officer

(RTO) for the year 2006-2007, with the temporary panel being issued vide G.O.

(2D) No.197 dated 28.03.2008.

¶3The petitioner would submit that he had filed W.P.No.20680 of 2015 seeking preparation of the regular panel from the year 2005-2006 onwards for promotion to the posts of RTO and Deputy Transport Commissioner (DTC), which was allowed by this Court by order dated 13.07.2015. Thereafter, he had filed W.P.No.28461 of 2016 seeking promotion to the post of DTC, and this Court, by order dated 16.08.2016, directed the respondents to consider his claim and pass orders on merits. Subsequently, the petitioner was granted temporary Page4 of 7 promotion as DTC vide G.O.(D) No.200 dated 26.02.2018 and was further promoted as Joint Transport Commissioner (JTC) vide G.O.(D) No.360 dated

15.03.2024.

¶4Thereafter, the petitioner had submitted a representation dated

22.02.2024 seeking preparation of the seniority list from his initial appointment as MVI Grade-II up to the JTC cadre. Since the same was not considered, the petitioner has filed the present writ petition.

¶5The learned Senior counsel appertaining on behalf of the petitioner submitted that it would suffice if this Court directs the respondents to consider the representation of the petitioner dated 22.02.2024 within a fixed time frame.

¶6Heard the learned counsel on either and perused the records.

¶7Though this Writ Petition has been filed seeking the reliefs stated supra, considering the submissions made by the learned Senior counsel for the petitioner and in the absence of any serious objection from the learned counsel appearing for Respondents, without going into the merits of the case, the Writ Petition is disposed of. Respondents are directed to consider and pass orders on Page5 of 7 the petitioner's representation dated 22.02.2024, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. 25-06-2026 Index: Yes/No Speaking/Non-speaking order SHR To

¶1The Government of Tamil nadu Rep by its Additional chief secretary/secretary to Government Home (Transport II)Department fort st.george, Secretariat, chennai-600 009

¶2The Secretary Tamilnadu Public service commission TNPSC Road, Broadway, chennai-600 003

¶3The Transport and Road safety commissioner Office of the Transport commissioner and Road safety Guindy, chennai-32

¶4The Joint Transport commissioner (Admin)(FAC) Office of Transport commissioner and Road safety Guindy chennai-32

¶5The Deputy Transport commissioner(Admin) Office of Transport commissioner and Road safety Guindy, chennai-32 WPoNo.o23838oofo2026 P.T.ASHAoJ. SHR WPoNo.o23838oofo2026 AND WMPoNO.o25874oOFo2026 25-06-2026 Page6oofo7 Page7 of 7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 25874 OF 2026 P.Suresh ..Petitioner(s) Vs 1. The Government of Tamil nadu Rep by its Additional chief secretary/secretary to Government Home (Transport II)Department fort st.george, Secretariat chennai-600 009 2. The Secretary Tamilnadu Public service commission TNPSC Road,Broadway, Chennai-600 003 3. The Transport and Road safety commissioner Office of the Transport commissioner and Road safety' Guindy, Chennai-32 4. The Joint Transport commissioner (Admin) (FAC) Office of Transport commissioner and Road safety' Guindy, Chennai-32 5. The Deputy Transport commissioner(Admin) Office of Transport commissioner and Road safety Guindy, Chennai-32 ..Respondent(s) Page2 of 7 Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus forbearing the respondents not to issue the any temporary transfer of service for postings for the post of Regional Transport officer (RTOs) or promotions to the posts of Deputy Transport Commissioner (DTCs) Joint Transport commissioner (JTCS) and Additional Transport commissioner (ATC) for the upcoming panels for the year 2025-2026 by without scrupulously following the Tamilnadu state Subordinate service Rules and Tamilnadu Transport service Rules in accordance with the law by considering petitioner representation dated 22.2.2024 and consequently directing the respondents to fix the correct seniority, restoration of further promotion on par with petitioner juniors as per the selection of meritorious list of candidates dated 1.10.1992 and 19.11.1992 of the service commission with all attendant service and monetary benefits. For Petitioner(s): Mr.V.Raghavachari, Senior Counsel for Mr.Ma.P.Thangavel For Respondent(s): Mr.K.Sathish, GA for R.1 to R.5.