R.Sekar, v. The General Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2017
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.393 of 2017 R.Sekar ... Petitioner Vs.
1. The General Manager, Tamil Nadu State Transport Corporation, Nagai Zone, Nagapattinam.
2. The Branch Manager, Tamil Nadu State Transport Corporation, Thiruthuraipoondi Branch, Nagai Zone, Kudanthai Division, Nagapattinam.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the claim of the petitioner seeking work in his regular Route No.416 by considering his representation dated 09.09.2016.
For Petitioner : Mr.D.Lakshmipathy For Respondents : Mr.P.Paramasivadoss
O R D E R
By consent, the Writ Petition is taken up for final disposal.
2.The petitioner was appointed as Conductor in the services of Tamil Nadu State Transport Corporation on 08.04.1996 in batch No.96 CR 1045. The petitioner claims that he has so far put in hard, sincere and unblemished service to the satisfaction of his superior officers and he would further submit that on account of hard work, he suffered physically and thereafter, got admitted in hospital and was advised to take medical treatment and accordingly, took medical treatment. The petitioner also suffered cardiac arrest on 20.08.2015 and also produced medical certificates to that effect and also submitted a representation in that regard. The 1st respondent has taken into consideration the representation and changed his regular Route to Route No.416
and recommended to the 2nd respondent to consider his request for changing treatment period as leave. The petitioner joined duty on 15.10.2015 in Route No.416 and started experiencing pain and he was advised to take rest. The petitioner also submitted a letter to the 2nd respondent to consider the period between 28.07.2016 to 25.08.2016 as medical leave and requested them to give work order. The petitioner was waiting daily between 11.00 a.m. to 03.30 p.m., but, however, the 2nd respondent refused to neither granted leave nor work order and is also keeping him idle and in this regard, the petitioner submitted a letter dated 09.09.2016 and despite receipt and acknowledgment, it has not been given disposal and therefore, came forward to file this Writ Petition.
3.The learned counsel for the petitioner would submit that a representation was also submitted and the Commissioner of Labour Welfare, Chennai - 600 006, vide letter dated 30.09.2016 has forwarded the same to the 2nd respondent and since the representation is yet to be disposed of, despite the same being communicated to the Department and therefore, he is constrained to approach this Court.
4. Heard the submissions of the learned counsel appearing for the petitioner and Mr.P.Paramasivadoss, learned Standing Counsel, who accepts notice on behalf of the respondents 1 & 2. 5.This Court, taking into consideration the limited prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 09.09.2016, in the light of the communication dated 30.09.2016 sent by the Commissioner of Labour Welfare, Chennai-600 006 and pass orders on merits and in accordance withlaw, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
6.The Writ Petition is disposed of accordingly. No costs. s/d- Assistant Registrar(CO) //True Copy// Sub-Assistant Registrar
To
1. The General Manager, Tamil Nadu State Transport Corporation, Nagai Zone, Nagapattinam.
2. The Branch Manager, Tamil Nadu State Transport Corporation, Thiruthuraipoondi Branch, Nagai Zone, Kudanthai Division, Nagapattinam.
3. The Commissioner of Labor Welfare Chennai-600 006.
+1 CC to Mr. D. Lakshmipathy, Advocate sr 1783 W.P.No.393 of 2017 LRS(CO) sp/30/1