Madras High CourtWP/26741/2011disposed of

Ramkumar v. Union Of India

2019-01-29Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2019 CORAM :

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No. 26741 of 2011 and M.P. No. 1 of 2011 Ramkumar .. Petitioner Vs.

1. Union of India Rep. By its Secretary to Government Ministry of Home Affairs New Delhi.

2. The Director General Central Industrial Security Force, Head Quarters, CGO Complex, Lodhi Road New Delhi - 110 003

3. The Inspector General Central Industrial Security Force, South Sector Head Quarters Near War Memorial Chennai Port Trust Chennai- 600 009.

4. The Deputy Inspector General Central Industrial Security Force, South Zone Head Quarters Besant Nagar, Chennai -90.

5. The Commandant 4 National Disaster Response Force Battalion Suraksha Campus Post Arokkonam, Vellore District.

Tamil Nadu -631 152.

..Respondents

PRAYER:

The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to pass orders on the representation of the petitioner dated 13.09.2011 by promoting the petitioner to the post of Head Constable Clerk and provide light duties and pass such further orders.

For Petitioner : Mr.A.S. Mujibur Rahman For Respondents : Mr.B. Rama Ratnam, CGSC

O R D E R

The Writ Petition has been filed seeking to direct the respondents to pass orders on the representation of the petitioner dated 13.09.2011 by promoting the petitioner to the post of Head Constable Clerk and provide light duties.

2. The learned counsel for the petitioner would submit that the petitioner made a representation on 13.09.2011, to the Central Industrial Security Force, New Delhi requesting him to provide appointment to the post of Head Constable Clerk under medical grounds, since the petitioner was injured in the left leg while jumping from Helicopter. Taking into consideration the fact that he sustained injury and got handicapped during employment, he sought to provide light duty. No orders have been passed by the respondent on the petitioner's representation. Therefore, the present writ petition is filed before this Court.

3. Learned counsel representing the respondents would submit that as per rule, if the petitioner is entitled to be provided an alternative job, depending upon the injury sustained by him, the same would be considered.

4. In the light of the above submission, the 2nd respondent is directed to consider the petitioner's representation dated 13.09.2011 and pass orders on merits, in accordance with law, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order. It is also open to the petitioner to produce additional documents, if any, along with a copy of the representation, within a period of one week.

5. The Writ Petition is disposed of, on the above terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Secretary to Government Ministry of Home Affairs Union of India, New Delhi.