V. Thiyagarajan v. Director of Public Libraries, Chennai
2019-09-25
M.DHANDAPANI
body2019
DigiLaw.ai
JUDGMENT : (Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the representation of the petitioner dated 28.06.2019 in the light of the Section 38 of The Persons with disabilities (Equal opportunities Protection of rights and Full Participation) Act 1995 and Letter Ms.No.92/S/09 Personnel and Administrative Reforms dated 22.07.2009 also in the light of the judgment made in W.A.No.961 of 2014 reported in CDJ 2014 MHC 3776 in accordance with law.) 1. Writ Petition is filed for issuance of a Writ of Mandamus directing the 1st respondent to consider the representation of the petitioner dated 28.06.2019 in the light of the Section 38 of The Persons with disabilities (Equal opportunities Protection of rights and Full Participation) Act 1995 and Letter Ms.No.92/S/09 Personnel and Administrative Reforms dated 22.07.2009 also in the light of the judgment made in W.A.No.961 of 2014 reported in CDJ 2014 MHC 3776 in accordance with law. 2. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents. 3. The case of the petitioner is that he is a physically challenged person with 90% disability. He was appointed as Village Librarian in Villupuram District and joined duty on 19.09.2008. By order dated 24.12.2018, the petitioner was transferred from Villupuram District to Cuddalore District. Being a physically challenged person, the petitioner finds it difficult to work in Cuddalore District. He has made several representations to the respondents to consider his request. Finally, the petitioner has made a detailed representation to the 1st respondent on 28.06.2019 praying for posting him in Villupuram District. However, the petitioner’s representation was not considered by the 1st respondent till date. Hence this writ petition. 4. Learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner’s representation dated 28.06.2019 and pass appropriate orders within the reasonable time. 5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the 1st respondent to consider the petitioner’s representation dated 28.06.2019 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. The writ petition is disposed of on the above terms.
6. The writ petition is disposed of on the above terms. No costs.