L.Muralidharan Conductor v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2017

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No. 10055 of 2017 L. Muralidharan Petitioner vs.

The Managing Director Tamil Nadu State Transport Corporation Coimbatore Division, Coimbatore The General Manager Tamil Nadu State Transport Corporation Erode Region Chennimalai Road, Erode Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to dispose of the petitioner's representation within a stipulated time.

For petitioner Mr. P. Immanuel Prakasam For respondents Mr. P. Kannan Kumar Standing Counsel

ORDER

Mr. P. Kannan Kumar, learned Standing Counsel, accepts notice for the respondents.

This writ petition has been preferred seeking a writ of mandamus directing the first respondent to dispose of the petitioner's representation dated 17.02.2017, in which, he has made a plea that he may be allotted light duty since he has met with an accident, within a time frame.

At the outset, it is pertinent to point that, first of all, the petitioner has to subject himself before the Medical Board and if the Medical Board is of the view that he is not in a position to continue in the present post, then, the Medical Board has to certify with a recommendation to the authority concerned to offer light duty to the petitioner. Incontrovertibly, the petitioner has not addressed such a representation to the authorities nor has he submitted any material before this Court to fortify his claim that he is physically incapacitated to discharge his present job. https://hcservices.ecourts.gov.in/hcservices/

Thus, in the absence of the petitioner addressing a representation to the authorities requesting that he may be referred to the Medical Board, the petitioner cannot straightaway address a representation to the authorities requesting that he may be allotted a light duty. In such view of the matter, this Court is not inclined to direct the respondents to consider and pass orders on the petitioner's representation dated 17.02.2017.

In the result, this writ petition is dismissed as being devoid of merits, however, sans costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar cad To The Managing Director Tamil Nadu State Transport Corporation Coimbatore Division, Coimbatore The General Manager Tamil Nadu State Transport Corporation Erode Region Chennimalai Road, Erode +1cc to Mr.P.Kannankumar,Advocate sr.24794 W.P. No.10055 of 2017 gj(co) ss(8/5/2017) https://hcservices.ecourts.gov.in/hcservices/