Ashok Kumar.C v. The Managing Director
W.P.(MD)No.19545 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.19545 of 2020 and W.M.P.(MD)No.16279 of 2020 C.Ashok Kumar
...Petitioner
Vs 1.The Managing Director, Tamil Nadu State Transport Corporation Limited, Head Office, Kumbakonam Division, Kumbakonam, Thanjavur District.
2.The General Manager, Tamil Nadu State Transport Corporation Limited, Head Office, Kumbakonam Region, Kumbakonam, Thanjavur District.
3.The Branch Manager, Tamil Nadu State Transport Corporation Limited, Pattukottai Branch, Pattukottai, Thanjavur District.
...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 alternative employment to the petitioner, in the light of Section 47(1) of the Persons with Disabilities (Equal Opportunities, protection of Right and Full Participation) Act, 1995, with pay protection, by considering the petitioner's representation, dated 08.09.2020 within the period that may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar, for M/s.Ajmal Associates For Respondents : Mr.P.Balasubramanian Standing Counsel
ORDER
This Writ Petition is filed to direct the respondents to provide alternative employment to the petitioner, in the light of Section 47(1) of the Persons with Disabilities (Equal Opportunities, protection of Right and Full Participation) Act, 1995, with pay protection.
2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.19545 of 2020 3.It is the grievance of the petitioner that with the relief sought for in the prayer, though he has made a representation, dated 08.09.2020 to the respondents, so far no action has been taken. Hence, the present writ petition.
4.In reply, Mr.P.Balasubramanian, learned Standing Counsel appearing for the respondents would fairly submit that the petitioner's representation, dated 08.09.2020, would be considered on merits and in accordance with law, within a period of six weeks.
5.In view of the submission made by the learned Standing Counsel appearing for the respondents, this Court is inclined to pass the following direction:- the 1st respondent is directed to consider the petitioner's representation, dated 08.09.2020 and pass appropriate orders, in the light of Section 47(1) of the Persons with Disabilities (Equal Opportunities, protection of Right and Full Participation) Act, 1995 and by taking into consideration of the infirmities of the petitioner, within a period of six weeks from the date of receipt of a copy of this order;
6.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
+1 cc to Mr. P.Balasubramanian, Advocate SR.No.27193 W.P.(MD)No.19545 of 2020 23.12.2020 KM (08.01.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2