Madras High CourtWP/6711/2018disposed of

M.Palanisamy v. The Managing Director

2018-12-20Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.6711 of 2018 M.Palanisamy ....Petitioner Vs 1 The Managing Director Taminadu State Transport Corporation(Covai) Ltd. No.38,Mettupalayam Road, Coimbatore.

2 The General Manager Taminadu State Transport Corporation (Covai)Ltd., Erode Region Chenimalai Road Erode ....Respondents For Petitioner :

M/s.K.Thiruvengadam For RR 1 & 2 :

Mr.R.S.Selvam, Government Advocate Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to provide the petitioner forthwith suitable alternative employment in considering the petitioner physical condition based on the petitioner representation dated 19.01.2018.

O R D E R

The petitioner joined the respondent Corporation in the year 1996 and was working as Selection Grade Conductor. On 18.06.2011, he suffered paralytic attack during duty. As the doctor advised light duty, the petitioner requested the second respondent to provide suitable alternative employment. He was posted in the Collection Audit department and the second respondent directed the petitioner to undergo medical examination before the Tamilnadu State Transport Medical Board. He underwent the medical examination on 18.09.2013 and the medical report was forwarded to the Head Office. The petitioner worked in the Collection Audit department till 29.01.2017 and from 30.01.2017, he was denied work. The petitioner approached the respondents by way of a representation dated 19.01.2018, with a request to provide alternative employment owing to his medical condition. However, the same is not considered. Hence, the petitioner has filed the present writ petition.

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2. Mr.R.S.Selvam, Government Advocate takes notice for the respondents.. Heard the learned counsel appearing on either side and perused the materials available on record.

3. In view of the limited relief sought for, this Court is of the view that it is not necessary to dwell into the merits of the issue, but it would be suffice to direct the respondents to consider the representation of the petitioner and pass orders on the same within a particular time frame.

5. In the above circumstances, this writ petition is disposed of directing the respondents to consider the representation of the petitioner dated 19.01.2018 in the light of the provisions of Disability Act and pass orders thereon, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kst To 1.The Managing Director Taminadu State Transport Corporation (Covai)Ltd., No.38 Mettupalayam Road Coimbatore.

2.The General Manager Taminadu State Transport Corporation (Covai) Ltd., Erode Region, Chenimalai Road, Erode.

+1cc to Mr.R.S.Selvam, Advocate, S.R.No.89979 +1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.89607 W.P.No.6711 of 2018 MP(CO) rrs 29/01/2019 https://hcservices.ecourts.gov.in/hcservices/