Mr. B. Jayakumar, v. The Tamilnadu State Marketing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03-08-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.23491 of 2015 B.Jayakumar .. Petitioner vs 1.The Tamilnadu State Marketing Corporation Limited (TASMAC) Rep. By its Managing Director IV Floor, CMDA Tower-II, Egmore, Chennai 600 008 2.The General Manager Tamilnadu State Marketing Corporation Limited Egmore, Chennai 600 008 3.The Additional Director of Ex-Servicemen's Welfare and Resettlement Chennai 600 005 4.The Deputy Director Ex-Servicemen's Welfare Department Saidapet, Chennai 600 015.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider and pass orders on the petitioner's representation dated 11.12.2013, on merits and in accordance with law. For Petitioner : Mr.T.N.Sugesh For Respondents : Mr.S.Muthuraj for RR1 & 2

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner claims that he is an Ex-serviceman and served in the Indian Army for a period of 17 years and on discharge

from the military service, sought re-employment and registered his name with the third respondent, who, in turn, forwarded the same to the first respondent. The petitioner would state that the first respondent, after conducting the interview, vide proceedings dated 11.5.2004, has appointed him as Security Personnel in the Vigilance Team on contract basis, and he was given the consolidated pay of Rs.6,000/- per month, and he has joined duty during the year 2004, and worked in that post honestly and sincerely. 3.

The petitioner would further state that during May, 2013, he suffered gangrene left great toe and was advised to undergo treatment and accordingly, he got treatment in MIOT International Hospital as well as in Kumaran Hospital and was advised to undergo left forefoot amputation and after completion of surgery, he was discharged from the hospital on 24.8.2013, and he has also submitted a representation dated 5.12.2013, stating that he is medically fit to resume duty; but, however, it was not considered and he has also sent reminders and since he has not been favoured with any response, came forward to file this writ petition.

4.Heard the submissions of the learned Counsel appearing for the petitioner, and Mr.S.Muthuraj, learned Standing Counsel, who accepted notice on behalf of the respondents 1 and 2. 5.This Court, taking into consideration the limited scope of prayer sought for by the petitioner, directs the first respondent to consider and dispose of the petitioner's representation dated 11.12.2013, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar nsv

To:

1.The Managing Director Tamilnadu State Marketing Corporation Limited (TASMAC) IV Floor, CMDA Tower-II, Egmore, Chennai 600 008 2.The General Manager Tamilnadu State Marketing Corporation Limited Egmore, Chennai 600 008 3.The Additional Director of Ex-Servicemen's Welfare and Resettlement Chennai 600 005 4.The Deputy Director Ex-Servicemen's Welfare Department Saidapet, Chennai 600 015.

+1 cc to Mr.T.N.Sugesh Advocate sr.39619 +1 cc to the Mr.S.Muthuraj Advocate sr.40122 W.P.No.23491 of 2015 msm(co) aa18/08/2015