Madras High CourtWP(MD)/22293/2017allowed

P.Sikkanthar Sulthan, v. Tamil Nadu State Transport

2018-01-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No.22293 of 2017 in W.M.P.(MD).No.18587 of 2017 P.Sikkanthar Sulthan .. Petitioner Vs.

1. 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., Bye Pass Road, Madurai.

3. The Financial Advisor and Chief Accountant Officer, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to provide the petitioner alterative employment on permanent basis with pay protection continuity of service and back wages and other attendant benefits in terms of Section 47(1) Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995.

For petitioner : Mr.A.Rahul For respondents : Mr.A.Jeyaram Standing Counsel

O R D E R

*********** Heard Mr.A.Rahul, learned Counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/

petitioner and Mr.A.Jeyaram, learned Standing Counsel appearing for the respondents.

2. The writ petitioner was working as a driver in the respondent Corporation. He has become physically disabled. His vision has become defective. The Medical Board had Certified his disability. Therefore, as per Section 47(1) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, the writ petitioner will have to be provided with alternative employment and due pay protection. The respondent cannot have any objection to the prayer made in this Writ petition.

3. This Writ petition stands allowed accordingly. No costs. Consequently, W.M.P.(MD).No.18587 of 2017, is closed. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar 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., Bye Pass Road, Madurai.

3. The Financial Advisor and Chief Accountant Officer, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai.

+ 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 42169 KMI TE/RSK/SAR-1 : 08/02/2018 : 2P/5C ORDER MADE IN W.P. (MD) No.22293 of 2017 12.01.2018 https://hcservices.ecourts.gov.in/hcservices/