K.Yeswanthkumar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.8979 of 2022 K.Yeswanthkumar
...Petitioner
Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Division, Karaipettai, Kanchipuram - 631 552.
3.The Branch Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Division, Tambaram Branch, Tambaram.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent for refusal of giving duty to the petitioner for the past 1-1/2 years, even the 1st respondent had issued an order dated 15.06.2021 and it was received by the 2 and 3 respondents, their refusal for the petitioner, if the petitioner come for duty and to give light duty based on the Medical Board Report, as per the petitioner's representation dated 07.03.2022. For Petitioner : Mr.R.Anbalagan For Respondents : Mr.G.Saravanakumar Standing Counsel
O R D E R
By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2.Mr.G.Saravanakumar, learned Standing Counsel, takes notice for the respondents.
3.This writ petition has been filed seeking a direction to the 1st respondent for refusal of giving duty to the petitioner for the past 1-1/2 years, even the 1st respondent had issued an order dated 15.06.2021 and it was received by the 2 and 3 respondents, their refusal for the petitioner, if the petitioner come for duty and to give light duty based on the Medical Board Report, as per the petitioner's representation dated 07.03.2022. 4.The case of the petitioner in brief:
The petitioner herein joined as Conductor in respondent's corporation and he was admitted in hospital for medical treatment continuously on several occasions. Thereafter, he was discharged from the hospital and he made a request to the respondents 1 and 2 to provide light duty. Therefore, he has been allotted to work as Time Keeper duty. Further, the petitioner was suddenly stopped to do the work therefore, the petitioner made representation on 07.03.2022 to permit the petitioner to continue the time keeper duty. But the said representation is still pending, no order has been passed. Hence, he filed this instant writ petition before this Court.
5.Mr.G.Saravanakumar, learned Standing Counsel takes notice for the respondents would submit that the representation of the petitioner will be considered by the authorities concerned on merits and in accordance with law.
6.In the light of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this Court is inclined direct the 2nd respondent to consider the representation of the petitioner dated 07.03.2022 and pass orders on its own merits, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar
ata/dua To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Division, Karaipettai, Kanchipuram - 631 552.
3.The Branch Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Division, Tambaram Branch, Tambaram.
+1cc to Mr.R.Anbalagan, Advocate SR.No.25000 +1cc to Mr.G.Saravanakumar, Advocate SR.No.25311 W.P.No.8979 of 2022 MT(CO) CB(02/05/2022)