Madras High CourtWP(MD)/21453/2022disposed of

Jothiswaran. K v. Transport Department

2022-10-19Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.21453 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21453 of 2022 and W.M.P.(MD)No.15609 of 2022 K.Jothiswaran ... Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. By its General Manager, Byepass Road, Dindigul.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to refer the petitioner to Medical Board for finding out the petitioner's disability and to provide the petitioner a suitable alternative permanent employment with pay protection, continuity of service, back wages and all other attendant benefits in accordance with Section 47 (1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and pay the petitioner's arrears of salary from 28.04.2022 till the date of providing permanent alternative employment.

For Petitioner : Mr.G.M.Xavier For Respondent : Mr.S.Siva Balaji, Standing Counsel.

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2 W.P.(MD)NO.21453 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The writ petitioner is working as driver in the respondent Corporation. He claims that he is having defect in his vision. He therefore wants his case to be referred to the Medical Board so that he can claim suitable alternative employment with pay protection and other benefits.

3. I direct the respondent to refer the petitioner to the duly constituted Medical Board to give report as regards the petitioner's disability. This shall be done within a period of four weeks from the date of receipt of a copy of this order. The Medical Board to offer its report within a period of four weeks thereafter. Based on the report of the Medical Board, the respondent shall take a call. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

19.10.2022 Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 20.10.2022.

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3 W.P.(MD)NO.21453 OF 2022 To:

The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bypass Road, Dindigul.

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4 W.P.(MD)NO.21453 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.21453 of 2022 19.10.2022 4/4