S.Manikandan v. Tamil Nadu State Transport Corproation (Coimbatore) Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Manikandan S/o.Sigamani ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep.by its Managing Director, No.37, Mettupalayam Road, Coimbatore - 43.

2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., No.37, Mettupalayam Road, Coimbatore - 43.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 04.01.2023 and allot the petitioner any other alternate office duties which does not involve getting contract with skin infections and which does not hamper the petitioner's heart conditions.

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For Petitioner : Ms.P.Ravishankar For Respondents : Mr.A.Sundaravadhanan Standing Counsel *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the respresentation made by the petitioner wherein the petitoner is seeking for allotment of alternate duty due to the ailments suffered by him.

2. Heard Mr.P.Ravishankar, learned counsel for petitioner and Mr.A.Sundaravadhanan, learned Standing Counsel appearing for respondents.

3. The case of the petitioner is that he has been working in the respondent Corporation for the last 23 years. Initially, he suffered a cardiac arrest in the year 2016 and was undergoing treatment. The petitioner was referred to the Medical Board and they assessed the petitioner and found that the petitioner is not fit for driving heavy vehicles. Hence, from the year 2021 onwards, the respondent Corporation assgined the petitioner with light duties.

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4. Subsequently, the petitioner was assigned light duty in a workshop where the duty involved filling diesel and replacing tyres. The petitioner seems to have developed a skin problem, which prevents the petitioner from continuing in the workshop where he has been employed. Hence, the petitioner made a representation, in this regard, to the respondents on 04.01.2023. Since the same was not considered, the present writ petition has been filed seeking for appropriate directions.

5. Taking into consideration the limited relief sought for in this writ petition and without going into the merits of the case, there shall be a direction to the second respondent to consider the representation made by the petitioner on 04.01.2023 and deal with the same after taking into account the nature of ailment suffered by the petitioner. The second respondent shall allot duty to the petitioner by taking into account the nature of ailment suffered by him. This process shall be completed by the second respondent within a period of six (6) weeks from the date of receipt of a copy of this order.

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N.ANAND VENKATESH, J rap This writ petition is disposed of with the above directions. No costs.

09.02.2023 Index: yes/no Speaking Order/Non-Speaking Order rap/gm To

1. The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep.by its Managing Director, No.37, Mettupalayam Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., No.37, Mettupalayam Road, Coimbatore - 43.

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