Madras High CourtWP(MD)/2634/2015disposed of

Villakkannan, v. Tamilnadu State Transport

2015-03-05Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition(MD)No.2634 of 2015 Villakkannan ... Petitioner Vs.

1.Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Rep. by its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Manapparai Branch, Trichy District.

4.Annal Gandhi Memorial Government Hospital, Rep. by its Dean, Trichy.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to refer the petitioner to the medical board of the fourth respondent hospital or any other hospital to ascertain the petitioner's disability and consequently, direct the respondents to provide him suitable alternative employment with pay protection, continuity of service and all other attendant benefits and pass such further or other orders.

For Petitioner : Mr.A.Rahul For RR 1 to 3 : Mr.D.Sivaraman, standing counsel For R - 4 : Mr.K.P.Krishnadoss Government Advocate

ORDER

The petitioner seeks for a Mandamus directing the respondents 1 to 3 to refer him to the medical board of the fourth respondent hospital to ascertain his disability and consequently, to direct the respondents to provide him alternative employment with pay protection, continuity of service and all other attendant benefits.

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2. The case of the petitioner is that he is suffering from Neurological disorder and as a result of which, he is unable to work as a driver and therefore, he is entitled to get an alternative employment. To assess such disability, the petitioner seeks for a direction to the respondents 1 to 3 to refer him to the fourth respondent hospital.

3. Mr.D.Sivaraman, learned counsel appearing for the respondents 1 to 3 submitted that the petitioner will be referred either to the fourth respondent hospital or any other competent hospital to ascertain his disability, taking note of his ailment.

4. In view of the submission made by the learned counsel appearing for the respondents 1 to 3, this Writ Petition is disposed of by directing the respondents 1 to 3 to refer the petitioner either to the fourth respondent hospital or to any other competent hospital to ascertain his disability and after obtaining such report, the respondents 1 to 3 is also directed to consider his claim for providing alternative employment. Such exercises shall be done by the respondents 1 to 3 within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar ps To

1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam. 2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy. 3.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Manapparai Branch, Trichy District.

4.The Dean,Annal Gandhi Memorial Government Hospital, Trichy. +1cc to Mr. A.Rahul,ADvocate in Sr NO.10906 +1cc to Mr. D.Sivaraman,ADvocate in SR NO.10629 W.P(MD)No.2634 of 2015 05.03.2015 rg.19.03.2015 2p/7c https://hcservices.ecourts.gov.in/hcservices/