K.Yeswanth Kumar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2020
CORAM:
THE HONOURABLE MR. JUSTICE V. PARTHIBAN W.P.No.11257 of 2019 K.Yeswanth Kumar
...Petitioner
Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Division, Karaipettai, Kanchipuram - 631 552.
3.The Branch Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Division, Tambaram Branch, Tambaram.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to consider my representation dated 15.03.2019.
For Petitioner : Mr.R.Anbalagan For Respondents : Mr.C.S.K.Sathish Standing Counsel
O R D E R
The petitioner was working as a Conductor in the Tamil Nadu State Transport Corporation. According to him, in 2018, he had undergone major surgeries and due to connected medical ailments, he became unfit to work as Conductor and therefore, according to the petitioner, request was made for grant of light duty to him
as an alternative means of employment.
2.From the narration of facts, it appears that the petitioner was indeed given light duty as a Time Keeper, but according to him, he was also stopped from work. The petitioner claims that he cannot hereinafter work as a Conductor after serious ailments.
3.The petitioner appears to have sent a number of representations, which, according to him, did not evoke proper response. The petitioner finally sent a representation on 15.03.2019 and the Corporation has not responded to the representation and therefore, he is before this Court, seeking for issuance of a direction to dispose of his representation. 4.On notice, Mr.C.S.K.Sathish, learned Standing Counsel, appears for the Corporation.
5.Learned Standing Counsel appearing for the Corporation would submit that, since the petitioner has a pre-existing medical history in support of his claim for grant of light duty to him, he urged this Court to direct the Corporation to dispose of the representation within a time frame.
6.In view of the submissions made by the learned Standing Counsel, this writ petition is disposed of with the following directions :
(a) the 2nd respondent is hereby directed to dispose of the representation dated 15.03.2019 said to have been submitted by the petitioner, on merits and in accordance with law, within four weeks from the date of receipt of a copy of this order.
(b) the petitioner is also directed to submit whatever materials in his possession in support of his medical ailments to the 2nd respondent, for him to consider his case sympathetically. The petitioner is also given liberty to file a fresh representation in this regard and in case, he choses to do so, the petitioner is directed to submit such representation within one week from the date of receipt of a copy of this order.
(c) No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mkn
To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Division, Karaipettai, Kanchipuram - 631 552.
3.The Branch Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Division, Tambaram Branch, Tambaram.
+1cc to Mr.R.Anbalagan, Advocate, S.R.No.19349 dt 04/03/2020 +1cc to Mr.C.S.K.Sathish, Advocate, S.R.No.19403 dt 04/03/2020 W.P.No.11257 of 2019 PM(CO) RN(28/05/2020)