M.Ravikumar v. The Chairman And Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 8543 of 2023 M. Ravikumar ... Petitioner -vs1.The Chairman and Principal Secretary to Government, Transport Corporation, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 636 007.

3.The General Manager, Salem Region, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 636 007.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 14.11.2022 and provide alternative and light duty to the petitioner who is suffering from paralysis disease.

For Petitioner : Mr. V.Elangovan For Respondents : Mr. B.Vijay Additional Government Pleader for R1 : Mr. K.Raja for R2 & R3 1/5

O R D E R

Heard Mr. V.Elangovan, Learned Counsel for the Petitioner, Mr. B.Vijay, Learned Additional Government Pleader for the First Respondent and Mr. K.Raja, Learned Counsel for the Second and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the Respondents to pass orders on the representation dated 14.11.2022 made by the Petitioner to provide light duty as alternative employment due to paralysis suffered by him, but as it did not evoke any response, he has filed this Writ Petition. 3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 14.11.2022 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the 2/5

Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain his position in that regard; (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In fine, the Writ Petition is disposed on the aforesaid terms. No costs. 20.03.2023 Sgl Index: Yes/No Note: Issue order copy by 28.06.2023.

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To 1.The Chairman and Principal Secretary to Government, Transport Corporation, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 636 007.

3.The General Manager, Salem Region, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 636 007.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

Sgl W.P. No. 8543 of 2023 20.03.2023 5/5