R. Babu v. Bank Of Baroda,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.08.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.14646 to 14648 of 2007 and M.P.No.2, 2 and 1 of 2007 1 R. BABU ...PETITIONER in W.P.No.14646 of 2007 1 I. MURUGAPPAN ...PETITIONER in W.P.No.14647 of 2007 1 S. SUDHAMAI ...PETITIONER in W.P.No.14648 of 2007 Vs 1 BANK OF BARODA REP BY DEPUTY GENERAL MANAGER & REGIONAL HEAD CHENNAI METRO REGION - 1, NO.10, C.P.RAMASWAMY ROAD, II FLOOR, ALWARPET, CHENNAI - 600 018.
(R1 amended vide order dated 25.08.2021) 2 THE CHIEF COMMISSIONER OF FOR DISABLED GOVERNMENT OF INDIA NO. 6 BHAGWANDAS ROD SAROJINI HOUSE NEW DELHI 110 001 3 THE SPECIAL COMMISSIONER FOR HANDICAPPED O/O THE STATE COMMISSIONER FOR DISABLED ONO. 15/1 MODEL SCHOOL ROAD THOUSAND LIGHTS CHENNAI-6.
...RESPONDENTS IN THE ABOVE W.PS COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records of the respondents pertaining to the impugned Notification in the ENews dated 6-12 January, 2007 No.2/2006 inviting application for th post of Senior manager law senior manager labour law and manger law manager law to quash the same not complying with the section 33 of the persons with Disabilities Act and to direct the respondents to give effect to the provisions of
the section 33 of the persons with Disabilities (Equal opportunities protection of rights and full participation) ACt 1995.
For Petitioner in all W.Ps : Mr.B.Vijayakumar For Respondent-1 in all W.Ps: Mr.Gautam S.Raman R2 & R3 in all W.Ps : No Appearance C O M M O N O R D E R The petitioner in W.P.No.14646 of 2007 is orthopedically handicapped with disability of more than 40% and the petitioners in W.P.No.14647 and 14648 of 2009 are visually handicapped with visual impairment of 40% and 100% respectively.
2. The prayer in all three Writ Petitions is for a Certiorarified Mandamus calling for and quashing a Notification published in E-news dated 06-12 January, 2007 inviting applications for the post of Manager (Law) and Manager (Labour law) issued by the Vijaya Bank and for non-compliance of Section 33 of the persons with Disabilities (Equal opportunities protection of rights and full participation) Act 1995. Inter alia, they have sought reservation of seats to the aforesaid posts to which the petitioners have applied.
3. The Writ Petitions are of the year 2007 and much water has flown under the bridge since then. Mr.Vijayakumar, learned counsel for the petitioners would state that two of the petitioners have, in the interim, secured alternate employment and one petitioner, namely, Mr.Babu (petitioner in W.P.No.14646 of 2007), who was in private practice as an Advocate, continues in practice as of today.
4. There has also been a change in law by the enactment of the Right of Persons with Disabilities Act, 2016, which provides for better facilities and opportunities for those with disabilities. Thus, the prayer in these Writ Petitions have worked themselves out and the Writ Petitions are rendered infructuous. While closing the Writ Petitions as aforesaid, this Court expresses the fond hope that all Institutions including the first respondent in these Writ Petitions, will follow scrupulously the requirements of the 2016 Act in all spheres of their activity and functioning. No costs. Connected Miscellaneous Petitions are also closed.
5. Mr.Gautam, learned counsel for the first respondent states that the Vijaya Bank has been amalgamated with the Bank of Baroda and draws attention to three memos filed by him, all
dated 25.08.2021 to this effect. The same are ordered and the Registry is directed to cause appropriate amendment to the cause title.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar sl To 1 THE DEPUTY GENERAL MANAGER & REGIONAL HEAD BANK OF BARODA CHENNAI METRO REGION - 1, NO.10, C.P.RAMASWAMY ROAD, II FLOOR, ALWARPET, CHENNAI - 600 018.
2 THE CHIEF COMMISSIONER OF FOR DISABLED GOVERNMENT OF INDIA NO. 6 BHAGWANDAS ROD SAROJINI HOUSE NEW DELHI 110 001 3 THE SPECIAL COMMISSIONER FOR HANDICAPPED O/O THE STATE COMMISSIONER FOR DISABLED ONO. 15/1 MODEL SCHOOL ROAD THOUSAND LIGHTS CHENNAI-6 +1 CC to Mr.B.Vijayakumar, Advocate sr 42846. W.P.Nos.14646 to 14648 of 2007 and M.P.No.2, 2 and 1 of 2007 PCH(CO) SP(11/11/2021)