S. Ganeshkumar v. Tamil Nadu State Transport Corporation(Tirunelveli) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Ganeshkumar ... Petitioner Vs.

1. Tamil Nadu State Transport Corporation, (Tirunelveli) Limited, Represented by its Managing Director, Tirunelveli District.

2. The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagarkovil Region, Nagarkovil, Kanyakumari District - 629 702.

3. The Branch Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Kanyakumari Branch, Kanayakumari District - 629 702.

4. The Branch Manager, Tamil Nadu State Corporation (Tirunelveli) Limited, Tiruvattaru Branch, Kanyakumari District - 629 177.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.01.2020, to provide the petitioner's alternative employment on permanent basis with pay protection, continuity of service in terms of Section 47 (1) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. For Petitioner :

Ms.W.Pamelin For Respondents :

Mr.R.Rajmohan Standing Counsel

O R D E R

This Writ Petition has been filed for a direction to the respondents to consider the petitioner's representation dated 10.01.2020, to provide alternative employment to the petitioner on permanent basis with pay protection, continuity of service in terms of Section 47 (1) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

2. The learned counsel appearing for the petitioner would submit that the petitioner was working as a Driver in the second respondent

Corporation and he was suffering with colour blindness and thereby, he made a representation to the respondents on 10.01.2020 to provide alternative employment on permanent basis, but the same has not been considered. Hence, the present Writ Petition has been filed.

3. However, the learned counsel for the petitioner further submits that subsequent to the Writ Petition, the second respondent has passed an order dated 30.10.2020 rejecting the petitioner's representation and the copy of the same has also been produced before this Court. Hence, nothing survives for further adjudication.

4. Recording the said submission made by the learned counsel for the petitioner, this Writ Petition is closed. No costs. 12.01.2023 (1/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Managing Director, Tamil Nadu State Transport Corporation, (Tirunelveli) Limited, Tirunelveli District.

2. The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagarkovil Region, Nagarkovil, Kanyakumari District - 629 702.

3. The Branch Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Kanyakumari Branch, Kanayakumari District - 629 702.

4. The Branch Manager, Tamil Nadu State Corporation (Tirunelveli) Limited, Tiruvattaru Branch, Kanyakumari District - 629 177.

M.DHANDAPANI,J.

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