Subramani.C v. The Management Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Subramani ... Petitioner Vs The Management of Tamilnadu, State Transport Corporation Ltd., (Kumbakonam Division), Rep. by its General Manager, Karur Region, Karur.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to consider representation of the petitioner dated 19.02.2024 within the time as fixed by this Court and to give alternate employment to the petitioner. For Petitioner : Mr. K.Muthu Ganesa Pandian For Respondent : Mr.K.Jagadeesh Balan Standing Counsel 1/5

ORDER

The present writ petition has been filed seeking a direction to the respondent to consider representation of the petitioner, dated 19.02.2024 within the time as fixed by this Court and to give alternate employment to the petitioner.

2.By consent of both parties, considering the limited relief sought for by the petitioner, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.Heard, the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. Perused the materials on record.

4.The petitioner was appointed as Driver in the respondent Corporation and had served for more than 15 years. While so, during last year he underwent eye test in Vasan Eye Care Hospital, in which, it was certified that he was not fit for driving vehicles anymore. Hence, the respondent had given communication on 10.07.2023, by which, the petitioner was directed to 2/5

appear before the Government Eye Hospital, Chennai. The petitioner duly participated in the eye test in Government Eye Hospital, Chennai on 20.07.2023 and it was informed that he was not fit for driving any more. In order to provide him alternative job, the petitioner sent a representation, dated 05.12.2023 to the respondent and the same was not considered. Hence, this writ petition came to be filed.

5. 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 respondent 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, nonconsideration 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 of India and direct the respondent to consider the same within the stipulated time. 6.Considering the limited scope of the relief sought for by the petitioner, without going into the merits of the case, this Court hereby direct the respondent to consider the representation of the petitioner, dated 05.12.2023 3/5

and pass appropriate orders in accordance with law, within a period of twelve

(12) weeks, from the date of receipt of a copy of this order. 7.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

13.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The General Manager, Management of Tamilnadu, State Transport Corporation Ltd., (Kumbakonam Division), Karur Region, Karur.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 13.03.2024 5/5