Madras High CourtWP(MD)/3686/2017disposed of

M.Joseph Raj v. The General Manager

2017-03-02Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.3686 of 2017 M.Joseph Raj ... Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation, Pallavan Road, Chennai-2.

2.The Branch Manager, Tamil Nadu State Transport Corporation, Marthandam Zonal Office, Kanyakumari District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the first respondent herein to consider the Petitioner's representation dated 17.11.2015 by providing alternative work to the petitioner in the second respondent Department and pass appropriate orders within the time stipulated by this Court.

For Petitioner :

M/s.D.Nallathambi For Respondents :

Mr.K.Sathiya Singh Standing Counsel

O R D E R

This Writ Petition has been filed, seeking a direction to the first respondent herein to consider the Petitioner's representation, dated 17.11.2015 by providing alternative work to the petitioner in the second respondent Department and pass appropriate orders within the time stipulated by this Court. 2.Mr.K.Sathiya Singh, learned Standing Counsel takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3.The case of the Petitioner is that the petitioner joined the services of the second respondent Transport Corporation as Driver on temporary basis on 21.11.2017 and after serving for a while, the Petitioner met with an accident on 26.1.2013 and has also taken treatment in the Government Hospital, Virudhunagar and due to accident, suffered due to injuries and hence the Petitioner filed a Writ Petition in W.P.(MD)No.3131 of 2015 to consider his request for providing alternative job by way of his representation https://hcservices.ecourts.gov.in/hcservices/

dated 15.11.2014 and this Court directed the respondents to consider the representation within a period of four weeks and on receipt of the order, the respondents instructed the Petitioner to undergo physical verification and the Doctors assessed the disability at 40% and has also stated that the Petitioner is not eligible to do the conductor or Driver job. Hence the Petitioner has sent a representation on 17.11.2015 and since the said representation did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. The counsel for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner and pass orders thereon.

5.In view of the submission, the respondents concerned is directed to consider the representation of the petitioner, dated 17.11.2015 and to pass appropriate orders on the same in accordance with law, within a period of two months from the date on which a copy of this order, if there is no other legal impediment to do so.

6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(A.S) /True copy/ Sub Assistant Registrar To:

1.The General Manager, Tamil Nadu State Transport Corporation, Pallavan Road, Chennai-2.

2.The Branch Manager, Tamil Nadu State Transport Corporation, Marthandam Zonal Office, Kanyakumari District.

+1cc to M/S.K.Sathiya singh, Advocate SR.No.12071 +1cc to M/S.D.Nallathambi, Advocate SR.No. 12188 W.P(MD)No.3686 of 2017 02.03.2017 JM/SV MMS/28.03.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/