K.Radhakrishnan v. The Chairman Cum Managing
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Radhakrishnan ... Petitioner Vs.
1.The Chairman cum Managing Director, Tamil Nadu Generation and Electricity Distribution Corporation, 144, Anna Salai, Chennai -2.
2.The Superintending Engineer, Theni Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation Limited, Theni.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to provide the petitioner an alternate employment in the respondent Corporation in any one of the statutory reserved vacancies intended to the persons with disability. For Petitioner : Mr.R.Thangasamy For Respondents : Mr.T.Sakthikumaran Standing counsel
O R D E R
This writ petition has been filed for a direction to the respondents to provide an alternate employment to the petitioner, in the respondent Corporation, in any one of the statutory reserved vacancies intended to the persons with disability.
2. The case of the petitioner is that he was originally engaged as a Contract Labour in the second respondent circle from 31.01.1995, in the Construction and Improvement Section and continued there till 27.07.1995. Thereafter, the petitioner continued to work as Contract Labour at various sections under the control of the second respondent. On 05.01.2015, while he was working in Bodinayakanur Town Section, the Section Head engaged the petitioner to replace a damaged electrical pole near the 1/3
Mosque in the 1st ward of Bodinayakanur Town. At about 5.00 p.m., on 05.01.2015, while the new electrical pole was erected, the pole fell down on the petitioner and he sustained grievous injuries. Thereafter, the Section Head admitted the petitioner at the Government Medical College Hosptial, Theni and filed a complaint before the Bodinayakkanur Police Station, on 08.01.2015 and the same was registered in Crime No.10 of 2015. Thereafter, the petitioner has filed a claim petition for compensation before the Commissioner of Employees Compensation, Dindigul in E.C.No.106 of 2015. Apart from the above, the petitioner has also made a representation on 06.03.2017, to the respondents, to provide an alternate employment. However, there was no response from the respondents. Hence, the petitioner again made a representation to the respondents, on 24.07.2017. But, till date the said representation was not considered. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents are directed to dispose of the representation of the petitioner, dated 24.07.2017, on merits and in accordance with law, within a specified period.
4. The learned Standing counsel appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's representation, dated 24.07.2017 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
akv To 1.The Chairman cum Managing Director, Tamil Nadu Generation and Electricity Distribution Corporation, 144, Anna Salai, Chennai -2.
2.The Superintending Engineer, Theni Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation Limited, Theni.
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