Madras High CourtWP(MD)/1300/2015disposed of

S. Ameer John, v. The Management Of

2015-02-03Honourable Mr Justice K. Ravichandrabaabu1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2015 CORAM :

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition (MD) No.1300 of 2015 S.Ameer John ...

Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd.,Madurai Region, Rep by its Managing Director,Madurai.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to send the petitioner to the medical board to find out his disability and to provide him a suitable alternative employment with pay protection continuity of service and wages from 05.12.2014 and all other attendant benefits in accordance with Sec. 47 (1) of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995.

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.A.P.Muthupandian

ORDER

Heard the learned counsel appearing for the petitioner and Mr.A.P.Muthupandian, learned standing counsel who takes notice on behalf of the respondent. By consent, the writ petition itself is taken up for final disposal at the admission stage.

2.The petitioner seeks for a Mandamus directing the respondent to send him to the Medical Board to find out his disability and provide a suitable alternative employment as per Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

3.It is the case of the petitioner that he is working as a driver in the respondent Corporation and denied work and wages from 05.12.2014 onwards without referring him to the Medical Board to ascertain his disability for the purpose of providing a suitable alternative employment. It is stated that the petitioner has already made a representation on 03.01.2015 for such relief. Therefore, it is for the respondent to consider the request of the petitioner and pass suitable orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 4.With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) / True Copy/ Sub Assistant Registrar To The Managing Director,Management of Tamil Nadu State Transport Corporation (Madurai) Ltd.,Madurai Region,Madurai.

+1CC TO Mr.S.Arunachalam, Advocate, Sr.No.4809 Writ Petition (MD) No.1300 of 2015 sms/sma/18/2/2015/3c/1p 03.01.2015 https://hcservices.ecourts.gov.in/hcservices/