A.Elumalai, v. Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR A.Elumalai ... Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Secretary, Transport Department, Fort St. George, Chennai - 600 009.

2. The Tamil Nadu State Transport Corporation (Villupuram) Ltd., Division - I, (Formerly Thanti Periyar Transport Corporation), Rep. by its Managing Director, Villupuram - 605 602.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration that the action of the second respondent in not providing suitable alternate employment to the petitioner to do light work is illegal, violative of Article 21 of the Constitution of India and consequently, direct the second respondent to provide the petitioner a suitable alternate employment to do light work with all benefits.

For Petitioner : Mr. K.M.Ramesh, Senior Counsel for Mr.S.Apunu For R1 : Mr. K.Surendran, Additional Government Pleader For R2 : M/s. Pavithra

O R D E R

This Writ Petition has been filed to declare the action of the second respondent in not providing suitable alternate employment to the petitioner to do lighter work, as he had underwent couple of surgeries is illegal and arbitrary under Article 21 of the Constitution of India.

2. Today, when the matter is taken up for consideration, M/s. Pavithra, learned counsel representing Mr.P.Senthil Murthy, submitted that the request of the petitioner was considered and accordingly, the Memo No.42/11640/E7/TNSTC(VPM)/2012 dated 15.03.2013 was issued, providing alternative employment as Helper (Non-ITI) with all consequential benefits in view of provisions of Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)Act, 1995

and he has also reported to duty on 15.03.2013 and continuing as such as on date.

3. In the light of the above, the cause in the Writ Petition does not survive for consideration and accordingly, the Writ Petition stands closed by duly placing on record the submissions made by the learned counsel for the respondents and the Memo No.42/11640/E7/TNSTC(VPM)/2012 dated 15.03.2013. If the petitioner has got any further grievance, it is open for the petitioner to take appropriate steps against the same. 27.11.2023 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Secretary, Transport Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Division - I, (Formerly Thanti Periyar Transport Corporation), The Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram - 605 602.

MUMMINENI SUDHEER KUMAR, J.

skr 27.11.2023