S.Vanitha v. The Transport Commissioner

1 W.A.(MD)NO.191 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.191 of 2023 S.Vanitha ... Appellant/ Petitioner Vs.

1. The Transport Commissioner, Transport and Road Safety Commission, Ezhilagam, Chepauk, Chennai.

2. The Joint Transport Commissioner(A), Commissionerate of Transport and Road Safety, Chepauk, Chennai -5.

3. The Deputy Commissioner of Transport, Tirunelveli Region, Perumal Puram, Tirunelveli.

... Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to allow this writ appeal by setting aside the order passed in W.P. (MD)No.29317 of 2022 dated 02.01.2023.

For Appellant : Mr.D.Selvanayagam For Respondents : Mr.A.Kannan, Additional Government Pleader.

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J U D G M E N T

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The appellant is a differently abled individual. She is suffering from locomotor disability. She had been appointed as Assistant in the year 2012. She seeks promotion to the post of Superintendent. The appellant felt that she had been erroneously overlooked. Hence, she filed W.P.(MD)No.29317 of 2022. The writ petition was dismissed by the learned single Judge vide order dated 02.01.2023. Aggrieved by the same, this writ appeal has been filed.

3. During the intervening period, there has been a march of law. Pursuant to the direction given by this Court in W.P.(MD)No.29317 of 2022, the Government of Tamil Nadu has issued G.O.(Ms).No.06 Welfare of Differently Abled Persons (DAP-3.2) Department, dated 21.06.2025 granting reservation in promotion for the persons with benchmark disabilities. Therefore, the appellant's request will have to be considered in terms of the said Government Order. The order passed by the learned single Judge is set aside. 2/4

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4. The first respondent is directed to take a call in the matter on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. This writ appeal stands disposed of. No costs.

(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 18th July 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Transport Commissioner, Transport and Road Safety Commission, Ezhilagam, Chepauk, Chennai.

2. The Joint Transport Commissioner(A), Commissionerate of Transport and Road Safety, Chepauk, Chennai -5.

3. The Deputy Commissioner of Transport, Tirunelveli Region, Perumal Puram, Tirunelveli.

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4 W.A.(MD)NO.191 OF 2023 G.R.SWAMINATHAN,J.

AND K.RAJASEKAR, J.

PMU W.A.(MD)No.191 of 2023 18.07.2025 4/4