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Madras High CourtWP/24300/2022disposed of

M.Madhu v. The Managing Director

2022-10-31Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M.Madhu

...Petitioner

Vs 1.The Managing Director, Tamilnadu State Transport Corporation (Salem Zone), No.12, Ramakrishna Salai, Salem - 636 007.

2.The General Manager, Tamilnadu State Transport Corporation, Salem Division, No.12, Ramakrishna Salai, Salem - 7.

3.The Branch Manager, Sankagiri Branch, Tamilnadu State Transport Corporation, Sankagiri, Sankagiri District.

...Respondents

PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to allot petitioner for the day time light duty based on petitioner's representation dated 18.08.2022. 1/6

For Petitioner :

Mr.R.Muruga Bharathi For Respondents :

Mr.K.Raja Standing Counsel

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to pass final orders on the petitioner's representation dated 18.08.2022 seeking for allotment of day time light duty to the petitioner.

2. Heard Mr.R.Muruga Bharathi, learned counsel for the petitioner and Mr.K.Raja, learned Standing Counsel accepts notice on behalf of the respondents. By consent of both the parties, the main Writ Petition has been taken up for final disposal.

3. The petitioner claims that he was employed as a driver by the respondent Corporation. According to him, due to his ill-health, he is unable to perform his duty efficiently during night time. In such circumstances, he seeks for allotment of day time light duty. He has given a 2/6

representation on 18.08.2022 for the aforementioned purpose. Since the representation has not been considered till date, he has filed this Writ Petition.

4. The petitioner has filed documents along with this Writ Petition to substantiate his claim that he is unable to perform his duty efficiently during night time. It is for the respondents to consider the said documents on merits and in accordance with law.

5. No prejudice would be caused to the respondents if the petitioner's representation as stated supra, is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the respondents to pass final orders on the representation of the petitioner dated 18.08.2022 seeking for allotment of day time light duty to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. 3/6

7. With the aforesaid directions, the Writ Petition is disposed of. No costs.

31.10.2022 Index : Yes/No Speaking Order : Yes / No ab 4/6

To 1.The Managing Director, Tamilnadu State Transport Corporation (Salem Zone), No.12, Ramakrishna Salai, Salem - 636 007.

2.The General Manager, Tamilnadu State Transport Corporation, Salem Division, No.12, Ramakrishna Salai, Salem - 7.

3.The Branch Manager, Sankagiri Branch, Tamilnadu State Transport Corporation, Sankagiri, Sankagiri District.

5/6

ABDUL QUDDHOSE. J., ab 31.10.2022 6/6