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Madras High CourtWP/24021/2015disposed of

C.Vishnukumar,S/O.Chokalingam v. The Managing Director

2015-08-06Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 06.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24021/2015 C.Vishnukumar

...Petitioner

Versus

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

2. The Senior Deputy Manager The Metropolitan Transport Corporation Pallavan Salai, Pallavan Illam, Chennai 600 002.

3. The Branch Manager Metropolitan Transport Corporation Thiruvanmiyur Branch, Chennai 600 041.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to consider and dispose the petitioner representations dated 06.10.2014, 11.10.2014 and 17.10.2014 to provide the duty to the petitioner and also confer the petitioner permanent status with effect from the date of completion of 240 days, i.e., 25.01.2014 as per 12[3] settlements and in the time scale of pay and to pay all other monetary benefits that may arise thereon within a time limit. For Petitioners : Mr.R.Y.George Williams For Respondents : Mr.P.Paramasivadoss

ORDER

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

2.The petitioner has registered his name with the jurisdictional Employment Exchange as a driver and he was employed on contract basis by the respondents on 01.02.2013. On 19.02.2014, the vehicle belonging to the respondent/Corporation driven by the petitioner, was involved in an accident which resulted in the death of a person and in this regard, J5 Shastri Nagar Police Station, Chennai, has registered a case in Cr.No.139/2014 for the alleged commission of the offences u/s.279 and 338 IPC and the original Driving License of the petitioner was also seized and the petitioner filed WP.No.6763/2014 praying for the release of the driving license and it was dismissed granting liberty to the petitioner to approach the jurisdictional Magistrate Court by filing necessary petition u/s.451 or 457 Cr.P.C.

The petitioner, aggrieved by the dismissal of the writ petition, filed a Writ Appeal with a petition for condonation of delay and it is pending. In the meanwhile, the petitioner got the return of the original driving license and approached the respondent in the form of a representation dated 06.10.2014, 15.10.2014, 17.11.2014 and 26.05.2015, requesting the respondents to provide him with employment and since no orders have been passed, he came forward to file this writ petition.

3.Heard the learned counsel for the petitioner and Mr.Paramasivadoss, learned counsel who accepts notice on behalf of the respondents.

4.This Court, considering the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 26.05.2015 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar

AP To

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

2. The Senior Deputy Manager The Metropolitan Transport Corporation Pallavan Salai, Pallavan Illam, Chennai 600 002.

3. The Branch Manager Metropolitan Transport Corporation Thiruvanmiyur Branch, Chennai 600 041.

1CC to Mr.R.Y. George Williams, SR 40713 W.P.No.24021/2015 SKV [CO] PSI 21.08.2015