K.Yeswanthkumar v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.
No.14838 of 2021 K.Yeswanth kumar ... Petitioner Vs.
1.The Secretary to Government, Government of Tamil Nadu, Tamil Nadu State Transport Corporation Department, Fort St.George, Chennai 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Vazhuthareddy, Villupuram 605 602.
3.The General Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Division, Karaipettai, Kancheepuram 631 552.
4.The Branch Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Division, Tambaram Branch, Tambaram.
... Respondents Page No.1 of 7
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 02.07.2021, as per the order dated 15.06.2021 in Ku.No.4526/pa3/TNSTC (Vilu) Kanchi / 2021, even the petitioner's appearance before the Medical Board Report as per Letter dated 23.09.2020 in Letter No.133/Pa.3/TNGSTC (Vpm) / Kanchi / 2018 and its report has been received by the second respondent's office and light work job has not given to the petitioner and the Government Order to give salary in Covid-19 lock down period by treating it as the job period and give salary by calculating the day from 24.09.2020 to till day for giving light work job to the petitioner and as per the third respondent's order dated 15.06.2021 in Ku.No.4526/pa3/TNSTC (Vilu) Kanchi/2021 for the petitioner's light duty job. For Petitioner : Mr.R.Anbalagan For Respondents : Mr.T.Chezhiyan, AGP for R1 Mr.M.Aswin for R2 to R4
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 02.07.2021, as per the order dated 15.06.2021 in Ku.No.4526/pa3/TNSTC (Vilu) Kanchi / 2021. Even though the Page No.2 of 7
petitioner's appearance before the Medical Board and its report as per Letter dated 23.09.2020 in Letter No.133/Pa.3/TNGSTC (Vpm) / Kanchi / 2018 and the same has been received by the second respondent's office, light work was not given to the petitioner and to give salary in Covid-19 lock down period by treating it as the job period by calculating the day from 24.09.2020 to till day and for giving light work to the petitioner as per the third respondent's order dated 15.06.2021 in Ku.No.4526/pa3/TNSTC (Vilu) Kanchi/2021.
2. Heard Mr.R.Anbalagan, learned counsel for the petitioner, Mr.T.Chezhiyan, learned Additional Government Pleader for R1 and Mr.M.Aswin, learned counsel for R2 to R4.
3. The petitioner who was working as a Conductor in the respondent Corporation had undergone a vascular surgery and hence both of his legs were affected. So he requested the third respondent to give him any light duty considering his medical condition. Accordingly, an order has been passed by allowing the petitioner to work as Time Keeper. Page No.3 of 7
However the petitioner was suddenly stopped on 26.12.2018 from doing Time Keeper duty. Hence the petitioner has filed this Writ Petition to consider his last representation dated 02.07.2021 and provide him any light duty by considering the medical report of the petitioner and disburse his salary from 24.09.2020 till the date of allotting him a light work.
4. However the learned counsel for the respondents 2 to 4 submitted that the petitioner has already been reinstated.
5. But the learned counsel for the petitioner claims that the arrears of salary are not paid to the petitioner and hence a suitable direction should be given to the respondents.
6. Since no order has been passed by the respondents in respect of the grievance now addressed by the petitioner, I feel it is appropriate to direct the respondents to consider the representation of the petitioner with regard to the arrears of salary, if any, and pass appropriate orders. Page No.4 of 7
7. In the result, this Writ Petition is disposed and the respondents are directed to consider the representation of the petitioner with regard to the arrears of salary, if any, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs. 22.12.2023 Index : Yes Internet : Yes/No gsk To 1.The Secretary to Government, Government of Tamil Nadu, Tamil Nadu State Transport Corporation Department, Fort St.George, Chennai 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Vazhuthareddy, Villupuram 605 602.
3.The General Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Division, Karaipettai, Kancheepuram 631 552.
4.The Branch Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Division, Tambaram Branch, Tambaram.
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R.N.MANJULA , J.
gsk 22.12.2023 Page No.7 of 7