V.Muthukumaran v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2023

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P. No.11762 of 2015 and M.P.Nos.1 & 2 of 2015 V.Muthukumaran ....

Petitioner Vs

1. Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., represented by its Managing Director, 37, Mettupalaym Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., Chennimalai Road, Erode.

3. The Joint Director of Medical & Rural Health Services and Head of the Erode District Medical Board, Erode.

....

Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents 1 and 2 to provide the petitioner forthwith suitable alternative employment based on the petitioner physical conditions with continuity of service, pay protection, back wages and other consequential benefits with effect from 02.09.2014.

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For Petitioner :

Mr.V.Ajoy Khosh For R1 & R2 :

Mr.M.Murali Vinoth Standing Counsel For R3 :

Mr.M.Muthusamy Government Advocate

ORDER

This Writ Petition has been filed for direction directing the respondents 1 and 2 to provide alternative employment to the petitioner based on his physical conditions with continuity of service, pay protection, back wages and other consequential benefits with effect from 02.09.2014.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. Though the petitioner sought for an alternative employment, the said request was not considered by the respondents. Pending writ petition, the petitioner was allowed to retire from service at the attainment of age of superannuation on 30.11.2017. However, he was not paid terminal benefits so far on the ground of pendency of this writ petition.

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4. Considering the above, the respondents 1 and 2 are directed to disburse the terminal benefits and other attendant benefits, which are applicable to the petitioner, forthwith.

5. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

29.09.2023 Index:Yes/No Internet:Yes/No Lpp To

1. The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalaym Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road, Erode.

3. The Joint Director of Medical & Rural Health Services and Head of the Erode District Medical Board, Erode.

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G.K.ILANTHIRAIYAN,J.

Lpp W.P. No.11762 of 2015 and M.P.Nos.1 & 2 of 2015 29.09.2023 4/4