Madras High CourtWP/18539/2021disposed of

Kanaram Yadav v. The Senior Divisional Security

2021-09-06Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.18539 of 2021 and W.M.P. Nos. 19780 and 19781 of 2021 (Through Video Conferencing) Kanaram Yadav ... Petitioner Vs.

1. The Senior Divisional Security Commissioner, Railway Protection Force Chennai - 3.

2. The Assistant Security Commissioner W&S, RPF, Chennai.

3. P.Sethumadhavan Assistant Security Commissioner W&S, RPF, Chennai - 3.

4. The Inspector General-Cum-Principal CSC Railway Protection Force Southern Railway, Chennai - 3.

5. The Additional Chief Medical Superintendent Health-Unit, NGO, S.Rly HQ Park Town Chennai - 600 003.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to send the GM-03 Form and the service particulars of the petitioner to the 4th respondent for referring the petitioner to the medical board to ascertain his fitness for the present post within a reasonable time.

For Petitioner : Mr.K.Venkataramani Senior Counsel For Respondents : Mr.P.T.Ramkumar Standing Counsel

ORDER

This writ petition has been filed to direct the first respondent to send the GM-03 Form and the service particulars of the petitioner to the fourth respondent for referring the petitioner to the medical board to ascertain his fitness for the present post, within a reasonable time.

2. Mr. P.T.Ramkumar, learned Standing Counsel takes notice on behalf of the respondents and submits that the Assistant Divisional Medical Officer, Southern Railway, Chennai, has already sent a representation to the Senior Divisional Security Commissioner, the first respondent herein, to send for the service particulars of the petitioner along with GM-3 Form signed by the Supervisor and countersigned by the Department Officer concerned.

3. It is noticed that the petitioner has sent a representation dated 16.08.2021 to the first respondent. However, without awaiting for any response from the first respondent, the petitioner has approached this Court by filing this writ petition.

4. Considering the fact that the Assistant Divisional Medical Officer, Southern Railway, Chennai, has already sent a representation/communication dated 08.12.2020 followed by the second remainder dated 08.01.2021, the first respondent is directed to dispose the representation dated 16.08.2021 of the petitioner in the light of two communications dated 08.12.2020 and 08.01.2021 of the Assistant Divisional Medical Officer, Southern Railway, Chennai, within a period of two weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of with the above direction. Consequently, the connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar dm