Madras High CourtWP(MD)/18568/2019disposed of

S.Arumugam v. The Management Of

2023-01-04Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.14953 of 2019 S.Arumugam ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, directing the respondents to refer the petitioner to the medical board of any Government Hospitals to ascertain his physical fitness to work as Conductor and to direct the respondents to forthwith provide alternative employment to him with pay protection, continuity of service and back wages payable for the disengagement 1/4

period in terms of Section 20 (4) of persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 2016 and all other attendant benefits.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman Standing Counsel

ORDER

The claim in the writ petition is to grant alternative employment due to disability that occurred because the petitioner suffered hemorrhage in the brain.

2. The respondents have filed a counter stating that the petitioner was sent for medical examination. On receipt of the report, the respondents would accommodate the petitioner appropriately. Pending writ petition, the respondent received the report. Thereafter, appointed the petitioner in an alternative employment on 01.02.2020 and the petitioner is still serving in the alternative employment.

3.This Court is of the considered opinion that nothing survives for adjudication in this writ petition. Recording the said submission, this Writ 2/4

Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

04.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

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S.SRIMATHY, J.

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