G.Mariappan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND G.Mariappan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,, Vannarapettai, Tirunelveli - 3.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Cheranmahadevi, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to follow the G.O.(Ms).No.328 in Clause 5(f) and direct the respondents to allot attendance register work in the Respondent Corporation and consider the petitioner's representation dated 14.03.2025.

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For Petitioner : Mr.K.Guhan For Respondents : Mr.D.Jebaraj Standing Counsel

O R D E R

This writ petition has been filed seeking a Mandamus directing the respondents to follow G.O.(Ms).No.328 in Clause 5(f) and directing the respondents to allot attendance register work in the Respondent Corporation by considering the petitioner's representation dated 14.03.2025.

2. The case of the petitioner is that he was joined in the Transport Corporation in the year 2007 as Driver. He is suffering with eye problem and he was referred to the medical board. Based on the recommendation of the medical board, the petitioner was given alternative employment. He was allotted with Non-ITI Helper in attendance register work. Now, the respondents shifted him to work in the ticket and cash section. Contending that allowing the petitioner to work in ticket and cash section is contrary to the instructions issued in G.O. (Ms).No.328 Transport (C.1) Department, dated 31.10.2018, the petitioner filed this writ petition.

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3. The learned Standing Counsel for the respondents submits that based on the recommendations of the medical board, the petitioner was allotted alternative employment to work in the attendance register section from the year 2022. Now, he was shifted to ticket and cash section, which is also a lighter work. In view of the same, the learned Standing Counsel submits that interference of this Court is not warranted in this case.

4. Having heard the submissions of the respective learned counsels, it appears that in G.O.(Ms).No.328 Transport (C.1) Department, dated 31.10.2018, it is provided that physically unfit persons (Drivers and Conductors) following approval by the Board may be placed only in vacant existing admin positions. As such the respondents are entitled to allot any work to the petitioner. The petitioner is not entitled to insist the respondents to allot particular work to him.

5. Considering the submissions of the learned Standing Counsel for the respondents that the work allotted to the petitioner at present is also an alternative employment and lighter duty, in my considered view, nothing required for intervention of this Court under Article 226 of the Constitution of India in the present writ petition.

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6. Accordingly, this writ petition is dismissed. No costs. 02.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,, Vannarapettai, Tirunelveli - 3.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Cheranmahadevi, Tirunelveli District.

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BATTU DEVANAND , J.

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