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Madras High CourtWP/22293/2018disposed of

S.Syed Saleem, v. The Managing Director,

2018-08-30Honourable Mr Justice Satrughana Pujahari2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.22293 of 2018 S.Syed Saleem

...Petitioner

..vs..

The Managing Director, Metropolitan Transport Corporation, Pallavan Salai, Chennai - 600 002.

...Respondent

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent herein to transfer the petitioner's work from the post of Conductor to any Office Work/Desk Work under the respondent Corporation, considering the petitioner's health condition and in view of the petitioner's representation dated 23.07.2018 and 09.08.2018.

For Petitioner : Mr.J.Ashok For Respondent : Mr.Rajeni Ramadass Standing Counsel

O R D E R

Mrs.Rajeni Ramdass, learned counsel accepts notice on behalf of the respondent.

2. By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.

3. The case of the petitioner is that he is working as a conductor in the respondent Corporation. It is his case that due to some accident he sustained injuries, which has made him incapable to continue in the said post and discharge his duties. In such premises, he has made a representation to the respondent on 23.07.2018, followed by another representation dated 09.08.2018, seeking alternate appointment. But, no action on the same has been taken till date. Hence, the petitioner has filed this Writ Petition seeking for a Writ of Mandamus directing the respondent to consider the representations of the petitioner dated 23.07.2018 and 09.08.2018, on merits and in accordance with law.

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4. The learned counsel appearing for the petitioner would submit that the respondent may be directed to consider and pass orders on the representations of the petitioner dated 23.07.2018 and 09.08.2018, within a stipulated period.

4. The learned counsel appearing for the respondent submits that if such representations are pending, the respondent shall take appropriate steps for consideration of the same provided the same found to have merit.

5. Considering the aforesaid facts and submissions made, this Court, without seeking counter/reply affidavit dispose of the Writ Petition, with a direction to the respondent to consider the representation of the petitioner 09.08.2018, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. However, it is made clear that this Court has expressed no opinion on the merits of the representations. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar arr To The Managing Director, Metropolitan Transport Corporation, Pallavan Salai, Chennai - 600 002.

+1cc to Mr.S.Rajeni Ramadass, Advocate, S.R.No.60042. +1cc to Mr.J.Ashok, Advocate, S.R.No.59594.

WP.No.22293 of 2018 SV(CO) rrs 26/09/2018 https://hcservices.ecourts.gov.in/hcservices/