Madras High CourtWP(MD)/18875/2019disposed of

P.M.Kannan v. The Managing Director Of Administrative

2019-08-30Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD).No. 18875 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD).No. 18875 of 2019 P.M. Kannan ... Petitioner Vs.

1. The Managing Director of Administrative, Tamil Nadu State Transport Corporation, Head Office, Kumbakonam Zonal, Railway Road, Kumbakonam Town.

2. The General Manager, Tamil Nadu State Transport Corporation, Head Office, Karaigudi Divisional, Managiri Road, Karaigudi Town.

3. The Branch Manager, Tamil Nadu State Transport Corporation, Tiruppathur Branch Office, Karaigudi Main Road, Tiruppathur Town.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to provide alternative light duty (Non ITI Helper) to the petitioner forthwith in the suitable job with continuity of service, pay protection and with all attendant benefits within the time frame that may be stipulated by this Court based on the representation, dated 13.03.2019.

For Petitioner : Mr.S. Sivaprakash For Respondents : Mr.D. Sivaraman, Standing Counsel ***

O R D E R

The instant writ petition is filed to direct the respondents to provide alternative light duty (Non ITI Helper) to the petitioner forthwith in the suitable job with continuity of service, pay protection and with all attendant benefits, within the time frame that may be stipulated by this Court based on the representation, dated 13.03.2019.

2. According to the petitioner, he is working as Driver in the respondents/Corporation. He met an accident and he was injured in his back side head. He was taken medical treatment eventhough, he is not fully recovered and he loss his eye sight. He was https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No. 18875 of 2019 examined by the doctors and issued a report to the Management that the petitioner is unfit for driver job and hence, he has submitted a representation, dated 13.03.2019 to the second respondent along with all medical reports to allot any alternative light duty to him. But, so far no steps was taken by the respondents. Hence, the instant writ petition is filed.

3. The learned Standing Counsel appearing for the respondents strongly objected that the petitioner has not placed any material documents to substantiate his claim in the representation and therefore, the said representation cannot be considered by the respondents/corporation.

4. In response, the learned counsel appearing for the petitioner has submitted that the petitioner is ready to produce the relevant documents to the respondents/corporation.

5. In view of the above submissions, this Court is inclined to pass the following order:

1. This Court directs the petitioner to submit the additional particulars to the respondents, if any, within a period of Two

(2) weeks from the date of receipt of a copy of this order.

2. If any such particulars submitted by the petitioner, the respondents shall consider and pass appropriate order, based on the earlier representation, dated 13.03.2019 submitted by the petitioner, within a period of Eight (8) weeks, thereafter.

6. With the above directions, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS ) Ksa +1 CC to M/s.D.SIVARAMAN, Advocate SR-84656. +1 CC to M/s.S. SIVA PRAKASH, Advocate SR-85047. W.P[MD]No.

18875 of 2019 30.08.2019 CS(11.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2