A.Savari Dass, S/O.Asirvatham v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.14479 of 2016 A.Savari Dass ...

Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Bye-pass Road, Madurai -10.

2.The General Manager, Tamil Nadu State Transport Corporation, Dindigul Division , By-pass Road, Dindigul-4, Dindigul District.

...

Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF Mandamus directing the respondents to provide alternative job to the petitioner (Senior Tradesman) in the same scale of pay in the light of the Section 47 in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act 1995.

For petitioner : Mr.J.Ashok For respondents : Mr.A.Jeyaraman

O R D E R

The petitioner seeks for issuance of a Writ of Mandamus directing the respondents to provide alternative job to him in the same scale of pay in the light of the Section 47 in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act 1995.

2.

Mr.A.Jeyaram, learned standing counsel takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner/Mr.A.Savari Dass was appointed as Assistant Tradesman under the respondent corporation on 11.10.1980 and thereafter, he was promoted as Senior Tradesman with effect from February 2015. During the course of his duty, he suffered Cardiac https://hcservices.ecourts.gov.in/hcservices/

arrest on 07.02.2012 and thereafter, he underwent surgery in his heart and a stent was fixed in his heart by the Doctors attached to Meenakshi Mission Hospital, Madurai. Again after resuming his work, he suffered second Cardiac arrest on 15.10.2013. Consequently, he was advised to undergo another operation in the same Meenakshi Mission Hospital, Madurai. As he has suffered heart attack, open heart surgery also has been performed by the Doctors attached to Ragavendra Hospital, Madurai on 17.12.2015. In view of the above, he was advised to take frequent rest and attend only light work. Therefore, he has given a representation on 22.06.2016 to the second respondent. Since the said representation has not been considered so far, he has come to this Court.

4. The Medical Certificate issued by the Meenakshi Mission Hospital and Ragavendra Hospital, Madurai clearly show that the petitioner representation deserves immediate attention. Therefore, the second respondent is directed to consider the representation of the petitioner dated 22.06.2016 on merits and in accordance with law, in the light of the Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Bye-pass Road, Madurai -10.

2.The General Manager, Tamil Nadu State Transport Corporation, Dindigul Division By-pass Road, Dindigul-4, Dindigul District.

+1 cc to Mr.J.ASHOK,Advocate, Sr.No: 43374 jam/29.08.16/DB/2P-4C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD).No.14479 of 2016 10.08.2016