Jayaprakashram v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Jayaprakashram ... Petitioner -vs1.The Managing Director, Madurai Division, TNSTC, By-pass Road, Madurai - 625 016.
2.The General Manager, Virudhunagar Head Office and Region, Virudhunagar to Madurai By-pass Road, Virudhunagar - 626 101.
3.The Manager (Administration), Virudhunagar Head Office and Region, Virudhunagar to Madurai By-pass Road, Virudhunagar - 626 101.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue the petitioner's present designation order and Non - ITI helper - Recaning work, by considering the petitioner 100 percent Cortical Blindness Visual Disability and his representation dated 21.04.2025.
For Petitioner : Mr.R.Murugappan For Respondents : Mr.Gladson Michael Rajadurai Standing Counsel
ORDER
This Writ Petition has been filed seeking a direction to the respondents to issue an order confirming the petitioner's current designation as Non-ITI Helper - Recaning Worker, by duly considering his 100% Cortical Blindness Visual Disability, as certified and his representation dated 21.04.2025.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, he was employed as a 'driver' with the Tamil Nadu State Transport Corporation under Office Order No. 2:1962:2007. While in service, on 16.02.2016, he suffered a serious road accident resulting in a severe head injury and damage to his optic nerves due to glass fragments entering his eyes, ultimately leading to 100% cortical blindness. Pursuant to administrative directions, the petitioner was examined by the Chennai Egmore Regional
Government Ophthalmological Committee, which, by its report dated 27.02.2018, confirmed that the petitioner had sustained 100% visual disability due to cortical blindness. Based on the said medical determination and the decision of the SubCommittee, the petitioner was accommodated in the post of Non-ITI Helper (Recaning Worker) and has been continuously discharging his duties in that role at the Virudhunagar Zone for the past seven years. However, he has not yet been issued a formal order confirming his designation. As a result, he is unable to avail the incentive and other service-related benefits attached to the said post. In this regard, the petitioner submitted a representation dated 21.04.2025. Since the said representation has not been considered till date, the petitioner has been constrained to file the present Writ Petition seeking appropriate relief.
4. Heard both sides.
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 him 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 the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 21.04.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 27.06.2025 Index : Yes / No smn2 To:- 1.The Managing Director, Madurai Division, TNSTC, By-pass Road, Madurai - 625 016.
2.The General Manager, Virudhunagar Head Office and Region, Virudhunagar to Madurai By-pass Road, Virudhunagar - 626 101.
3.The Manager (Administration), Virudhunagar Head Office and Region, Virudhunagar to Madurai By-pass Road, Virudhunagar - 626 101.
VIVEK KUMAR SINGH , J.
smn2 27.06.2025