R.Madeshwaran v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN R.Madeshwaran ... Petitioner Vs.
1. The Principal Secretary, Tamil Nadu Transport Department, Secretariat, St.George Fort, Chennai - 600 009.
2. The Managing Director, The Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishnan Road, Salem.
3. The General Manager, The Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Circle, Bharathipuram, Dharmapuri District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second and third respondents to the petitioner's representation dated 03.03.2025 and to 1/5
provide alternative employment based on the disability certificate provided by the District Differently Abled Welfare Office, Krishnagiri based on the order passed in A.P.No.110/2022 passed by the Assistant Commissioner, Labour, Chennai.
For Petitioner : Mr.M.Selvam For Respondents : Mr.Naveen Kumar, Government Advocate (for R1) Mr.K.Raja, Standing Counsel (for R2 & R3) *****
O R D E R
The instant writ petition has been filed with a prayer for issuing a mandamus to direct the second and third respondents to consider the petitioner's representation dated 03.03.2025 and to provide alternative employment based on the disability certificate provided by the District Differently Abled Welfare Office, Krishnagiri, based on the order passed in A.P.No.110/2022 by the Assistant Commissioner, Labour, Chennai.
2. The learned counsel for the petitioner would submit that in view of the accident that occurred during 2015, he became a differently abled person. Hence, he has given a representation to consider him for alternative 2/5
employment based on his disability certificate, and such representation dated 03.03.2025 is pending before the respondents.
3. Per contra, the learned Standing Counsel appearing for the second and third respondents would submit that the petitioner is an unauthorized absentee and he has been dismissed from service. However, the approval petition has been dismissed, and that they intend to prefer an appeal against such dismissal.
4. Heard the learned counsel for both sides and perused the materials available on record.
5. While considering the either side submissions, it is apparent that the petitioner's representation dated 03.03.2025 is yet to be considered by the respondents. In such view of the matter, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the first and second respondents to consider the petitioner's representation dated 03.03.2025 and pass orders on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 3/5
6. In the result, this Writ Petition is disposed of with the above observations. No costs.
11.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order To
1. The Principal Secretary, Tamil Nadu Transport Department, Secretariat, St.George Fort, Chennai - 600 009.
2. The Managing Director, The Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishnan Road, Salem.
3. The General Manager, The Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Circle, Bharathipuram, Dharmapuri District.
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C.KUMARAPPAN, J.
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