S. Palaniselvan, v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2015
CORAM:
THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.888 of 2015 S.Palaniselvan ... Petitioner Vs.
1.The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai 625 016.
2.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Bye Pass Road, Dindigul 624 003.
... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to refer the petitioner to the Medical Board Theni District to ascertain his disability or otherwise to perform duties as a conductor and thereafter to provide him an alternative employment based on the medical certificate to be issued by the Medical Board in terms of the Section 47 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995 in case the Medical Board from the petitioner unfit to perform duties as conductor. For Petitioner : Mr.C.Thangamani For Respondents : Mr.A.Jeyaraman
ORDER
The petitioner is working as a conductor in the Tamil Nadu State Transport Corporation (Madurai) Limited. According to him, he has suffered the disability in terms of Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Act"). In this regard, he made a representation to the respondents, seeking alternative employment, but the respondents https://hcservices.ecourts.gov.in/hcservices/
have not considered the same. Therefore, the petitioner has come up before this Court with this writ petition, seeking a direction to the respondents to refer him to the Medical Board so as to assess as to whether he is suffered disability in terms of the Act.
2.Learned counsel for the respondents would submit that the second respondent would duly send the petitioner to the Medical Board for examination. The said statement is recorded. 3.In view of the limited prayer made in this writ petition, this writ petition is disposed of with a direction to the second respondent to refer the petitioner to a duly constituted Medical Board to examine as to whether the petitioner has suffered disability in terms of the above Act and to pass appropriate orders, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai 625 016.
2.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Bye Pass Road, Dindigul 624 003.
+1cc to Mr.C.Thangapandi, Advocate Sr.No.
sms AA/14.02.2015/2p- 4c/ Writ Petition (MD)No.888 of 2015 27.01.2015 https://hcservices.ecourts.gov.in/hcservices/