Jegadeeswaran. S v. The Tamilnadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Jegadeeswaran ... Petitioner Vs.

1.The Tamil Nadu State Transport Represented by its Managing Director, Madurai.

2.The General Manager, Tamil Nadu State Transport, Virudhunagar Region, Virudhunagar.

3.The Branch Manager, Tamilnadu State Transport Sattur Branch, Sattur, Virudhunagar District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to provide the petitioner suitable alternative employment on permanent basis without any interruption at Sattur Branch, Virudhunagar Region of Tamil Nadu State Transport Corporation (Madurai) Ltd., with pay protection, continuity of service and back wages and other attendant benefits payable from the date on which he was denied duty on account of his disability as per Section 20(4) of Rights of the Persons with Disabilities Act, 2016. For Petitioner : Mr.Rahul.A For Respondents : Mr.J.Senthil Kumaraiah Standing Counsel

O R D E R

This writ petition has been filed for a direction to the respondents 1 to 3 to provide the petitioner suitable alternative employment on permanent basis without any interruption at Sattur Branch, Virudhunagar Region of Tamil Nadu State Transport Corporation (Madurai) Ltd., with pay protection, continuity of service and back wages and other attendant benefits payable from the date on which he was denied duty on account of his disability, as per Section 20(4) of Rights of the Persons with Disabilities Act, 2016.

1/3

2.By consent of both parties, this writ petition is taken up for final disposal.

3.The case of the petitioner is that he was appointed as a Driver in the respondent Corporation. Due to colour blindness, the petitioner has taken a treatment and the Medical Board has also issued a certificate stating that the petitioner cannot be worked as a Driver. Therefore, the petitioner made a representation dated 21.12.2020 for providing lighter duties. The medical certificate also enclosed along with the representation for providing alternative employment. Till date, the said representation was not considered. Hence, the present writ petition is filed. 4.The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondents to consider the petitioner's representation dated 21.12.2020 in accordance with law.

5.The learned Standing Counsel appearing for the respondents would submit that he has no serious objection for considering the petitioner's representation.

6.Considering the facts and circumstances of the case, this Court directs the respondents to consider the petitioner's representation dated 21.12.2020 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, if not disposed of already.

7.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To 1.The Tamil Nadu State Transport Represented by its Managing Director, Madurai.

2.The General Manager, Tamil Nadu State Transport, Virudhunagar Region, Virudhunagar.

2/3

3.The Branch Manager, Tamilnadu State Transport Sattur Branch, Sattur, Virudhunagar District.

+1 CC to M/s.A.RAHUL, Advocate ( SR-1195[F] dated 19/01/2021 ) 11.01.2021 DKS(CO) KB(29.01.2021) 3P 5C 3/3