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Madras High CourtWP/16457/2018disposed of

A. Thangavelu v. Tamil Nadu State Transport

2018-07-04Honourable Mr Justice Satrughana Pujahari2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 04.07.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.16457 of 2018 and W.M.P.Nos.19665 & 19666 of 2018 A.Thangavelu

...Petitioner

Versus

1. Tamilnadu State Transport Corporation(Coimbatore)Ltd., Rep. by its Managing Director, 37, Mettupalayam Road, Coimbatore

2. The General Manager, Tamilnadu State Transport Corporation(Coimbatore)Ltd., 37, Mettupalayam Road, Coimbatore

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

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondents 1 and 2 to provide the petitioner forthwith alternative employment / light job in commensurate with the petitioner health and physical condition, with continuity of service, pay protection, back wages and all other service benefits w.e.f.07.09.2017 and also to restore his leave which was adjusted for the peroid from 07.09.2017 to Feb.2018, Award costs.

For Petitioners: Mr.R.Krishnaswamy For RR1 & 2 : Mr.P.Kannan Kumar, Standing counsel For R3 : Mr.V.Kadhirvelu, Special Government Pleader

ORDER

The grievance of the petitioner in this writ petition is that he has sought for alternative appointment in view of his disability that he has suffered injury by an accident, but his case has not been considered and he has not been sent to Medical Board for the purpose. Hence, he has filed the https://hcservices.ecourts.gov.in/hcservices/

present writ petition seeking a direction to the respondent to extending the benefit of alternative appointment and to examine his case pending disposal of the same, he has also filed W.M.P.No.19666 of 2018 to direct the respondents 1 and 2 to refer him to Medical Board for consideration of his case.

2. The learned counsel for the respondents No.1 & 2 submits that they have no objection sending him to Medical Board and on receipt of certification from the Medical Board, they will do the needful in this regard.

3. Considering the aforesaid fact, no useful purpose is going to be served by keeping the writ petition pending inasmuch this can be disposed of with a direction to the respondents 1 and 2 to send the petitioner to Medical Board for verification of his claim with regard to disability within fifteen days and thereafter on receipt of the certification from the Medical Board to consider the claim of the petitioner for alternative appointment as prayed for within a month thereafter.

4. With the above observations, the writ petition stands disposed of. Consequently, connected miscellaneous petitions are closed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar lok To

1. The Managing Director, Tamilnadu State Transport Corporation(Coimbatore)Ltd., 37, Mettupalayam Road, Coimbatore

2. The General Manager, Tamilnadu State Transport Corporation(Coimbatore)Ltd., 37, Mettupalayam Road, Coimbatore

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

+ 1 cc to Mr. P. Kannan Kumar, Advocate Sr43759 W.P.No.16457 of 2018 and W.M.P.Nos.19665 & 19666 of 2018 (CS-IX) EU(09/07/2018) https://hcservices.ecourts.gov.in/hcservices/