T.M.Mathiyalagan, v. The Secretary To Govt.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH T.M.Mathiyalagan .. Petitioner Vs.

1.The Secretary to Govt., Transport Department, Fort St. George, Chennai - 600 009.

2.The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Hasthampatti, Salem District - 636 007.

3.The General Manager, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Hasthampatti, Salem District - 636 007.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 & 2 to consider the representation dated 18.04.2024 and 09.08.2024 made by the petitioner herein and pass appropriate orders within stipulated time period as may be fixed by this Court.

1/5

For petitioner :

Mr.T.Sundaravadanam For R1 :

Mr.P.Balathandayutham Special Government Pleader For RR 2 & 3 :

Mr.K.Raja Standing Counsel

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents 1 & 2 to consider the representation made by the petitioner on 18.04.2024 and 09.08.2024 and pass appropriate orders within the time frame fixed by this Court.

2.Heard the learned counsel for the petitioner, learned Special Government Pleader for the 1st respondent and the learned Standing Counsel for respondents 2 & 3.

3.The case of the petitioner is that he was appointed in the respondent Corporation in the year 2007 as Driver. He was regularized in the year 2008. The petitioner suffered from breathing problem during October 2023 and he started taking continuous treatment. In view of the 2/5

same, the petitioner made representations to the respondent Corporation requesting for providing with a lighter job. The petitioner was also directed to appear before the Medical Board and the petitioner appeared before the Medical Board and the medical opinion had already been given to the respondent Corporation.

4.The grievance of the petitioner is that inspite of the representations made by the petitioner and the report received from the Medical Board, the request made by the petitioner to allot him in a lighter job has not been considered. It is under these circumstances, the present writ petition has been filed before this Court. 5.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2nd respondent to deal with the representation made by the petitioner on 09.08.2024 on its own merits and in accordance with law and in the light of the opinion that had already been given by the Medical Board and take a decision within a period of four (4) weeks from the date of receipt of a copy of this order.

3/5

6.The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order.

7.This Writ Petition is disposed of with the above directions. No costs.

27.09.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Secretary to Govt., Transport Department, Fort St. George, Chennai - 600 009.

2.The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Hasthampatti, Salem District - 636 007.

3.The General Manager, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Hasthampatti, Salem District - 636 007.

4/5

N.ANAND VENKATESH, J.

krk 27.09.2024 5/5