Madras High CourtWP(MD)/8327/2017disposed of

V.Nagarajan, v. The Managing Director,

2017-04-28Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.8327 of 2017 V.Nagarajan ...Petitioner Vs.

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

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai - 10.

3.The Branch Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Thirumangalam Branch, Madurai - 10.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to provide the alternative employment on permanent basis with pay protection, continuity of service and back wages from 13.07.2015 to till the date on which the petitioner was provided with alternative duty in terms of Section 47(1) Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation)Act, 1995.

For Petitioner : Mr.R.J.Karthick For Respondent : Mr.A.Jayaram Standing Counsel for TNSTC

O R D E R

This Writ petition has been filed by the petitioner, to direct the respondents to provide the alternative employment on https://hcservices.ecourts.gov.in/hcservices/

permanent basis with pay protection, continuity of service and back wages from 13.07.2015 to till the date on which the petitioner was provided with alternative duty in terms of Section 47(1) Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation)Act, 1995.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3.Mr.A.Jayaram, standing counsel takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a positive direction, the learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 13.07.2015 and pass appropriate orders on merits within a time stipulated by this Court.

5. Considering the limited scope of the request of the learned counsel for the Writ petitioner, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The respondent is directed to consider the representation of the petitioner, dated 13.07.2015, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs.

Sd/- ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB ASSISTANT REGISTRAR To +1 CC TO M/S.R.J.KARTHICK, ADVOCATE, SR NO.55256 GNS/VSA MAS/SV-MMS/SAR4:17.05.2017:2P-2C ORDER MADE IN W.P.(MD).No.8327 of 2017 28.04.2017 https://hcservices.ecourts.gov.in/hcservices/