G.Sundaramurthy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE G.Sundaramurthy ... Petitioner Vs The Managing Director, Tamilnadu State Transport Corporation Ltd.

Villupuram Division, Villupuram District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondent to dispose of the petitioner's representation dated 16.09.2022 and provide him alternative job except driving or allowing him to voluntary retirement of the petitioner's service.

For petitioner ...

Mr.M.Sarfudeen Ali Ahamed For Respondent ...

Mr.r.Venkatesa Perumal Standing counsel for TNSTC 1/4

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to pass final orders on the petitioner's representation dated 16.09.2022 seeking for providing him with alternate job excepting driver or allowing him to voluntarily retire from service.

2. Heard the learned counsel for the petitioner and Mr.R.Venkatesa Perumal, learned Standing Counsel, accepts notice on behalf of the respondent. By consent of 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 has now become unfit to act as a driver. In such circumstances, he seeks for alternate job from the respondent instead of driver job or in the alternate seeks for permission to allow him to voluntarily retire from service. He has given a representation on 16.09.2022 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 unfit to act as a driver. It is for the 2/4

respondent to consider the said documents on merits and in accordance with law. No prejudice would be caused to the respondent 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.

5. For the foregoing reasons, this Court directs the respondent to pass final orders on the representation of the petitioner dated 16.09.2022 seeking for providing him alternate job except driver or in the alternate allow him to voluntarily retire from service within a period of twelve weeks from the date of receipt of a copy of this order.

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

28.10.2022 Index: Yes/ No Speaking Order/Non-speaking Order vsi ABDUL QUDDHOSE, J.

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vsi To The Managing Director, Tamilnadu State Transport Corporation Ltd.

Villupuram Division, Villupuram District.

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