Madras High CourtWP(MD)/15655/2016disposed of

C.Babu Rajan, v. The Secretary,

2016-09-27Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.15655 of 2016 C.Babu Rajan ... Petitioner -vs1. The Secretary, Transport Department, Fort St.George, Chennai-600 009.

2. The Managing Director, State Express Transport Corporation, Pallavan Street, Chennai-2.

3. The General Manager (Administration), State Express Transport Corporation, Pallavan Street, Chennai-2.

4. The Branch Manager, State Express Transport Corporation Ltd., Kanyakumari Division, Nagercoil, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to permit the petitioner to serve as the Controller in the control section at the office of the respondent No.4 by considering the petitioner's representation dated 30.07.2016. For Petitioner :

Mr.S.Louis For Respondents :

Mr.K.Sathiya Singh Standing Counsel *****

O R D E R

This petition has been filed, seeking to direct the respondents to permit the petitioner to serve as the Controller in the control section at the office of the respondent No.4 by considering the petitioner's representation dated 30.07.2016.

2. Heard the learned counsel on either side.

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3. The case of the petitioner is that he is a person with 50% disability, having disability certificate to that effect; that he was selected and posted as Conductor in the Nesamony Transport Corporation under disability category on 01.11.1988 and was subsequently transferred to the State Express Transport Corporation, Kanyakumari Division from 1997 onwards; that from 27.07.2016 onwards, the 4th respondent is not permitting him to serve as the Controller in the Control Section and also not allowing him to sign the attendance for the reasons best known to him; and that he has given a detailed representation dated 30.07.2016 to all the respondents and since those representations did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. Learned Standing Counsel for the respondents would submit that the respondents are agreeable to consider the representation of the petitioner dated 30.07.2016 and to pass orders on the same within a reasonable time frame.

5. Under such circumstances, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation dated 30.07.2016 of the petitioner and pass appropriate orders thereon within a period of four 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(Records) /True Copy/ Sub Assistant Registrar.

To:

1. The Secretary, Transport Department, Fort St.George, Chennai-600 009.

2. The Managing Director,State Express Transport Corporation, Pallavan Street, Chennai-2.

3. The General Manager (Administration),State Express Transport Corporation, Pallavan Street, Chennai-2.

4. The Branch Manager, State Express Transport Corporation Ltd., Kanyakumari Division, Nagercoil, Kanyakumari District. +1CC to M/S.K.Sathiya Singh, Advocate, SR.No. 56595 W.P(MD) No.15655 of 2016 27.09.2016 ar AM/DB/SAR-1/10.11.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/