Jacob Samuvel.S v. The Management Of
W.P.[MD]No.5760 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.[MD]No.5760 of 2021 and W.M.P(MD).NO.4536 of 2021 S.Jacob Samuvel ... Petitioner Vs.
The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Rep. by its Managing Director, Bye Pass Road, Madurai - 625 016.
... Respondent P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to refer the petitioner to Medical Board for find out the petitioner's disability and to provide him a suitable alternative permanent employment with pay protection, continuity of service, back wages and all other attendant benefits in accordance with Sec 47 (1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
For Petitioner : Mr.G.M.Xavier For Respondent : Mr.J.Senthilkumaraiah, Government Advocate.
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. Since the petitioner's request to the respondent to refer him to Medical Board to find out his disability and to provide him a suitable alternative permanent employment with pay protection, continuity of service, back wages and all other attendant benefits in accordance with Sec 47 (1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 09.01.2021, which is still pending.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely.
As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.[MD]No.5760 of 2021 of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, it would be appropriate to direct the respondent herein to consider the petitioner's representation dated 09.01.2021, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
5. Accordingly, there shall be a direction to the respondent to consider the petitioner's representation dated 09.01.2021, on its own merits and pass appropriate orders in accordance with law, within a period of three [3] months from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
MR To The Managing Director, The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye Pass Road, Madurai - 625 016.
+1 CC to M/s.G.M.XAVIER, Advocate ( SR-11304[F] dated 16/03/2021 ) W.P.[MD]No.5760 of 2021 15.03.2021 GS (17.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2