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Madras High CourtWP/23435/2016disposed of

P.Varadarajan, v. The Managing Director,

2017-09-22Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.23435 of 2016 P. Varadarajan ... Petitioner Vs.

1. The Managing Director, Tamilnadu State Transport Corporation, Salem Division, No.21, Ramakrishna Road, Salem-7.

2. The General Manager, Tamilnadu State Transport Corporation, Salem Division, No.21, Ramakrishna Road, Salem-7.

3. The Branch Manager, Rasipuram Branch, (Accident Body Wing) Tamilnadu State Transport Corporation, Salem Division, Rasipuram, Salem District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation made by the petitioner dated 07.06.2016 and consequently direct the respondents to provide the petitioner suitable alternative light duty with pay protection, continuity of service, back wages and all other attendant service benefits.

For Petitioner : T.R. Udayakumar For Respondents : Mr.P. Kannan kumar

O R D E R

The relief sought for in this writ petition is for a direction, directing the respondents to consider the representation submitted by the writ petitioner on 07.06.2016, with regard to his request for allotting light duty with pay protection and consequential service benefits on medical grounds.

2.

The writ petitioner is working as Block Smith in the Technical Division of the Tamilnadu State Transport Corporation. However, the learned counsel appearing for the writ petitioner states that the writ petitioner is suffering from heart diseases, requires continuous medical supervision and therefore unable to perform hard work as Block Smith. Therefore he has requested the respondent to allot the light work. He is aged about 57 years, having short span of service. 3.

The claim made by the writ petitioner seems to be genuine and further, the writ petitioner is having short span of service. Under these circumstances, the respondent shall consider the claim of the writ petitioner for allotting the light duty. In this regard, the writ petitioner made a representation to the respondent and the same is yet to be considered. Thus, the second respondent is directed to consider the representation submitted by the writ petitioner on 07.06.2016 and pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

4.

Accordingly, this writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

rpl To

1. The Managing Director, Tamilnadu State Transport Corporation, Salem Division, No.21, Ramakrishna Road, Salem-7.

2. The General Manager, Tamilnadu State Transport Corporation, Salem Division, No.21, Ramakrishna Road, Salem-7.

3. The Branch Manager, Rasipuram Branch, (Accident Body Wing) Tamilnadu State Transport Corporation, Salem Division, Rasipuram, Salem District.

+1cc to Mr.T.R.Udhayakumar, Advocate, S.R.No.70955 W.P.No.23435 of 2016 Rmp(30/10/17)