Madras High CourtWP(MD)/22341/2016disposed of

K.Kannan,S/O.Kannusamy, v. The Managing Director

2016-11-23Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.22341 of 2016 K.Kannan ... Petitioner -vs1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-pass Road, Madurai.

2.The General Manager, Tamil Nadu state Transport Corporation (Madurai) Ltd., Dindigul Region, Bye-pass Road, Dindigul.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents herein to pay the conveyance allowance to the Petitioner with effect from 01.10.2010 instead of 01.05.2013 as per the G.O.Ms.No.391, Finance (All) Department dated 07.10.2010 and the Government Letter No.7677/BPE/2011 dated 15.02.2011 by considering his 50% Permanent Disablement within the time stipulated by this Court.

For Petitioner : Mr.J.Lawarance For Respondents : Mr.A.P.Muthupandian

O R D E R

This Writ Petition has been filed, seeking a direction to the respondents to pay conveyance allowance to the petitioner with effect from 01.10.2010 instead of 01.05.2013, as per G.O.Ms.No.391, Finance (All) Department, dated 07.10.2010 and the Government Letter No.7677/BPE/2011, dated 15.02.2011 by considering his 50% Permanent Disablement.

2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel, who takes notice for the respondents. By consent the writ petition itself is taken up for final disposal at the admission stage.

3.The case of the petitioner is that on 08.09.2014, while he was working as an Assistant Tradesman in the respondent Corporation, he met with an accident. Subsequently, he was given https://hcservices.ecourts.gov.in/hcservices/

alternative employment by the respondent corporation and now he is working as Store In-charge as Non ITI helper. 4.By virtue of G.O.Ms.No.391, Finance (All) Department, dated 07.10.2010, the Government enhanced the conveyance allowance to the physically disabled employees from Rs.300/- to Rs.1,000/- with effect from 01.10.2010.

5.It is the claim of the petitioner that he was not provided with the conveyance allowance for the period from 01.10.2010 to 01.04.2013. Claiming the same, a representation has been submitted to the respondents on 27.11.2013 followed by the representation dated 01.11.2016. As the representations were not considered, this writ petition has been filed. 6.The learned Standing Counsel for the respondents would submit that the respondents will consider the representations of the petitioner and pass orders.

7.Accordingly, the respondents are directed to consider the representations of the petitioner dated 27.11.2013 and 01.11.2016 and to pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To +1 cc to MR.J.Lawrance, ADVOCATE, SR NO:72555 WP(MD)No.22341 of 2016 23.11.2016 mj rum/ss2/09.01.2017/2p/2c https://hcservices.ecourts.gov.in/hcservices/