Madras High CourtWP(MD)/15093/2018disposed of

R.Jeyakumar v. The Managing Director

2018-09-25Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 25.09.2018

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.15093 of 2018 and W.M.P(MD)No.13667 of 2018 R.Jeyakumar ..Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.

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

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to provide alternative light duty to the Petitioner forthwith in the suitable job with continuity of service, pay protection and with all attendant benefits within the time stipulated by this Court.

For Petitioner :Mr.SP.Vijay Nivas For Respondents :Mr.D.Sivaraman Standing Counsel

ORDER

The Petitioner has come forward with this Writ Petition seeking to issue a Writ of Mandamus directing the respondents to provide alternative light duty to the Petitioner forthwith in the suitable job with continuity of service, pay protection and with all

attendant benefits within the time stipulated by this Court. 2.The Petitioner was appointed as Driver in the respondents Corporation and that he is unfit to drive the vehicle as per the medical report submitted by the Medical Board, Thanjavur on 23.2.2108.

3.Taking note of the fact that the Petitioner was unfit to do the driving job and invoking Section 20 of the Rights to Persons with Disabilities Act, 2016 (49 of 2016), the learned Standing Counsel appearing for the respondents would submit that the case of the Petitioner would be considered for alternative job with all other benefits, which he would be entitled to, within a period of one month from the date of receipt of a copy of this order. 4.Recording the above said submission, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-I) vsn To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.

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

+1cc to Mr.SP.Vijay Nivas, Advocate in SR No.86549 +1cc to Mr.D.Sivaraman, Advocate in SR No.86595 W.P(MD)No.15093 of 2018 and W.M.P(MD)No.13667 of 2018 NM/SKN/SAR I/15.11.18/3P/6C.