Madras High CourtWP(MD)/7276/2019dismissed as infructuous

M.Selvaraj, S/O.O.Marimuthu, v. The Tamil Nadu State Transport

2019-07-22Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.7276 of 2019 and W.M.P.(MD)Nos.5824 & 5825 of 2019 M.Selvaraj ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Bye Pass Road, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.

3.The Branch Manager, Aruppukottai Branch, Tamil Nadu State Transport Corporation (Madurai) Ltd., Aruppukottai, Virudhunagar District.

4.Mahendrakumar 5.Srinivasan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration, declaring the action of the respondents in denying alternative employment to the petitioner from 06.03.2019 is illegal and contrary to Section 20

(4) of Persons with Disabilities Act 2016 and consequently, directing the respondents to forthwith provide alternative employment with pay protection, continuity of service, back wages from 06.03.2019 till the date on which, the petitioner is provided with alternative employment together with all attendant benefits. For Petitioner : Mr.A.Rahul https://hcservices.ecourts.gov.in/hcservices/ For R1 to R3 : Mr.J.Senthil Kumaraiah Standing Counsel.

ORDER

This Writ Petition has been filed seeking to declare the action of the respondents in denying alternative employment to the petitioner from 06.03.2019 is illegal and contrary to Section 20(4) of Persons with Disabilities Act 2016 and consequently, direct the respondents to forthwith provide alternative employment with pay protection, continuity of service, back wages from 06.03.2019 till the date on which, the petitioner is provided with alternative employment together with all attendant benefits. 2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner has been working in the alternative employment from 04.06.2019 onwards, but, from 06.03.2019 to 03.06.2019 the petitioner has not been paid with the salary. 3.

Recording the abovesaid submission made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as infructuous. No costs. However, liberty is granted to the petitioner to approach the authorities concerned for payment of salary to the abovesaid period. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS- ) To 1.The Managing Director, Tamil Nadu State Transport Corporation(Madurai) Ltd., Bye Pass Road, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation(Madurai) Ltd., Virudhunagar Region, Virudhunagar.

3.The Branch Manager, Aruppukottai Branch, Tamil Nadu State Transport Corporation(Madurai) Ltd., Aruppukottai, Virudhunagar District.

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-76712[F] dated 22/07/2019 ) W.P.(MD)No.7276 of 2019 22.07.2019 smn2 ES/31.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/