N.Kanniappan v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N.Kanniappan ... Petitioner -vs1. Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by its Managing Director, 3/137, Salamedu, Villupuram - 2.

2. The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Region, Chennai - Bangalore National Highway, Ponnerikarai, Kanchipuram.

3. The Dean, Chengalpattu Government, Medical College Hospital, Chengalpattu.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondents to provide the Petitioner suitable alternative employment / job in commensurate with his health condition, with continuity of service, back wages and all other service and attendant benefits w.e.f May 2019 by referring him to the Respondent Medical Board and based on the report submitted by the Medical Board.

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For Petitioner : Ms. Nandhini for Mr. V.Ajoy Khose For Respondents : Mr. M.Aswin (for R1 and R2) Mrs. R.Anitha, Special Government Pleader (for R3)

O R D E R

Heard Ms. Nandhini, Learned Counsel for the Petitioner, Mr. M.Aswin, Learned Counsel for the First and Second Respondents and Mrs. R.Anitha, Learned Special Government Pleader appearing for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the First and Second Respondents to provide alternative employment to the Petitioner with his health condition, with continuity of service, back wages and all other service and attendant benefits with effect from May 2019 based on the report submitted by the Medical Board.

3.

The First Respondent has filed a memo dated 28.03.2023 stating that the Second Respondent by Order in Ku. No. 89/Pa3/Tha.Na.APoKa(Vizhu)/ Kanchi/2023 dated 22.03.2023 has allotted duty of light work to the Petitioner 2/4

and its copy has been placed on record, and Learned Counsel for the Petitioner has acknowledged its receipt. In such circumstances, nothing remains for further consideration in this Writ Petition, but it would not preclude the Petitioner, if he has any further grievance, from working out his right before the proper forum in the manner recognized by law. 4.

In fine, the Writ Petition is disposed with the aforesaid clarification. No costs.

28.03.2023 sgl/skr Index: Yes/No Note: Issue order copy by 06.06.2023.

To

1. Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by its Managing Director, 3/137, Salamedu, Villupuram - 2.

2. The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Region, Chennai - Bangalore National Highway, Ponnerikarai, Kanchipuram.

3. The Dean, Chengalpattu Government, Medical College Hospital, Chengalpattu.

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P.D. AUDIKESAVALU, J.

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