Chandrasekaran.A v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA A.Chandrasekaran ... Petitioner vs.
1.The Managing Director Tamilnadu State Transport Corporation (Kumbakonam) Limited, Head Office Kumbakonam, Thanjavur District.
2.The General Manager Tamilnadu State Transport Corporation (Kumbakonam) Limited, Karur Region, Karur, Karur District.
3.The General Manager Tamilnadu State Transport Corporation (Kumbakonam) Limited, Karur Bus Depot Branch, Karur Town, Karur District.
4.The Assistant Manager (Technical and Management), Tamilnadu State Transport Corporation (Kumbakonam) Limited, Karur Branch, Karur Town, Karur District.
... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondents herein provide alternative employment to the petitioner on permanent basis with pay protection and continuity in service with back wages from 06.01.2023 till the date on which petitioner is provided alternative employment with all other attendant monetary benefits based on the representation of the petitioner dated 04.10.2023 within the time stipulated by this Hon'ble Court.
For Petitioner :
Mr.S.Prabha For Respondents :
Mr.K.Ramaiah, Standing Counsel
O R D E R
The petitioner herein, who is working as a driver in Tamil Nadu State Transport Corporation, had given a representation dated 04.10.2023 to the respondents seeking alternate employment since he is suffering from Rheumatoid Arthritis. Since the said representation was not considered, the present writ petition has been filed.
2. 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 them 2/5
to consider the same on their 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. The failure on the part of the Authority had prompted the petitioner to file this petition seeking relief through issuance of writ of mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.
3. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 04.10.2023 on their 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 made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on their own merits. 3/5
4. With the above direction, the Writ Petition stands disposed of. No costs.
08.04.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To 1.The Managing Director Tamilnadu State Transport Corporation (Kumbakonam) Limited, Head Office Kumbakonam, Thanjavur District.
2.The General Manager Tamilnadu State Transport Corporation (Kumbakonam) Limited, Karur Region, Karur, Karur District.
3.The General Manager Tamilnadu State Transport Corporation (Kumbakonam) Limited, Karur Bus Depot Branch, Karur Town, Karur District.
4.The Assistant Manager (Technical and Management), Tamilnadu State Transport Corporation (Kumbakonam) Limited, Karur Branch, Karur Town, Karur District.
4/5
R.N.MANJULA, J.
mbi 08.04.2024 5/5