D.Maridass v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2016

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.5315 of 2016 D.Maridass ... Petitioner vs.

1.

The District Collector, The Block Development Officer, Thiruporur Block, The President, Kelambakkam Panchayat, ... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of mandamus directing the respondents herein to consider and pass orders on merits and in accordance with law, on the petitioner's representation dated 09.02.2015 regarding allotment of light duty as the petitioner is undergoing dialysis for renal failure, within a time frame. For Petitioner : M/s.G.Bala and Daisy For R1 : Mr.D.Suriya Narayanan Government Advocate For R2 & R3 :

Mr.P.Sanjay Gandhi, Additional Government Pleader

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the respondents to consider his representation dated 09.02.2015 on merits and in accordance with law, regarding allotment of light duty as he is undergoing dialysis for renal failure.

According to the petitioner, he joined the services of the Government as Sanitary Worker/Sweeper in the year 2001. He was promoted as Sanitary Supervisor by a Resolution No.166 of 2009, dated 18.03.2009. Suddenly, on 08.10.2010, the petitioner was reverted from the post of Sanitary Supervisor to Sweeper, by the 3rd respondent. Thereafter, on 12.07.2011, the petitioner was restored to the post of Sanitary Supervisor. While so, on 23.01.2015, he fell sick and fainted while on duty and was taken to SRM Medical College Hospital, wherein, he was admitted in the Intensive Care Unit for treatment. After taking all medical tests, it was found that the petitioner's kidneys are not functioning and he was given treatment from 23.01.2015 to 31.01.2015 and he was advised for transplantation of kidneys.

Till then, he was advised to undergo dialysis periodically. As his health was weak, the petitioner submitted a representation to the respondents and prayed for light duty, as he finds very difficult to perform manual scavenging work. He submitted a representation dated 09.02.2015 to the 1st respondent and requested for light duty. Since no orders are passed on the said representation, having no other alternative, the petitioner has approached this Court.

When the matter is taken up for consideration, learned counsel for the petitioner submitted that the petitioner's grievance would be redressed, if the respondents are directed to consider his representation and pass appropriate orders. 4.

In view of the above, this Court directs the respondents 2 and 3 to consider the petitioner's representation dated 09.02.2015 on merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar aeb To:

1.

The District Collector,

The Block Development Officer, Thiruporur Block, The President, Kelambakkam Panchayat, +1cc to Mr.G. Bala and Daisy, Advocate, S.R.No.64555 +1cc to the Government Pleader, S.R.No.64941 ksj(CO) md(02/12/2016) W.P.No.5315 of 2016