R.Gopalakrishnan, v. Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024 Coram:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P.No. 7645 of 2017 R. Gopalakrishnan ... Petitioner Vs.

1.Government of Tamilnadu, Rep., by its Secretary, Transport Department, Fort. George, Chennai - 9.

2.Tamilnadu State Transport Corporation (Villupuram) Ltd., Rep., by its Managing Director, Salamedu, Villupuram - 2.

3.The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 9.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order Memo No. 16743 / Ni3 / TNSTC (Villupuram) Vellore/2015 dated 31.12.2016 issued by the third respondent, rejecting the petitioner request for alternative employment on 1/4

the ground that the Medical Board has not given its report in Form-IV and has not fixed the percentage of his disability, quash the same and recommended to give him light work and consequently direct to the respondents to provide the petitioner forthwith any desk work in commensurate with his physical condition as per the recommendation of the Medical Board, Government Medical College Hospital, Vellore, dated 07.12.2016, with continuity of service, pay protection, back wages and all other.

For petitioner : Mr. R. Malaichamy For Respondents : Mr. E. Vijay Anand, for R1 Additional Government Pleader Ms. S. Pavithra, for R2 & R3

O R D E R

Learned counsel for the petitioner submits that the sole petitioner died and he placed copy of the death certificate dated 13.02.2023. On perusal of the same, it appears that the petitioner died on 08.10.2022.

2. In view of the same, the learned counsel for the petitioner submits that this writ petition can be closed as abated. 2/4

3. In view of the above factual position, this Writ Petition is dismissed as abated. However, it is made clear that the legal heirs of the petitioner are entitled to make a representation to the respondents for retirement benefits of the petitioner and on receipt of the same, the respondents shall dispose of the same in accordance with law.

4. Consequently, connected miscellaneous petition is closed.

5. There shall be no order as to costs.

03.01.2024 Index:Yes/No AT To 1.The Secretary, Government of Tamilnadu, Transport Department, Fort. George, Chennai - 9.

2.The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd., Salamedu, Villupuram - 2.

3.The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 9.

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BATTU DEVANAND,J.

AT W.P.No. 7015 of 2017 and W.M.P.No. 7645 of 2017 03.01.2024 4/4