M.Kandasamy v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21483 of 2025 and W.M.P.(MD).No.16594 of 2025 M.Kandasamy : Petitioner Vs.

1.The Managing Director, Kumbakonam Head Office, Thanjavur District.

2.The General Manager, Kumbakonam Division, Tiruchirappalli Region, Periyamilagu Parai, Trichy District.

3.The Branch Manager, Thuvakudi Branch, Tiruchirappalli Region, Tiruchirappalli District.

: Respondents 1/6

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide alternative employment until superannuation of the petitioner and to disburse the arrears of salary from May 2024 to till date by considering the petitioner's representations dated 31.12.2024 and 09.07.2025 For Petitioner : Mr.M.Gnana Guru Nathan For Respondents : Mr.S.C.Herold Singh, Standing Counsel

ORDER

This writ petition has been filed seeking a direction to the respondents to provide alternative employment until superannuation of the petitioner and to disburse the arrears of salary from May 2024 to till date by considering the petitioner's representations dated 31.12.2024 and 09.07.2025.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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3. The petitioner was employed as a Conductor in the respondent Transport Corporation in the year 2007. In the year 2019, while he was in service, the petitioner suddenly fell ill and had undergone surgery. Due to which, he was unable to attend work. Thereafter, he appeared before the Medical Board and the medical board declared the petitioner as unfit to do the conductor job and the respondent / Transport corporation had not given him any alternative job till date. In this regard, the petitioner made a representation to the respondents on 31.12.2024 and 09.07.2025. Since the said representations have not been considered till date, the petitioner has filed the present Writ Petition.

4. 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. 3/6

5. In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representations dated 31.12.2024 and 09.07.2025 on its own merits and pass appropriate orders in accordance with law, within a period of six weeks 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 respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 13.08.2025 Index : Yes / No NCC : Yes / No TSG To:- 1.The Managing Director, Kumbakonam Head Office, Thanjavur District.

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2.The General Manager, Kumbakonam Division, Tiruchirappalli Region, Periyamilagu Parai, Trichy District.

3.The Branch Manager, Thuvakudi Branch, Tiruchirappalli Region, Tiruchirappalli District.

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M.DHANDAPANI, J.

TSG W.P.(MD) No.21483 of 2025 13.08.2025 6/6