Madras High CourtWP(MD)/20708/2021closed

Kumaravadivel.P v. The Government Of Tamil Nadu

2021-11-22Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.20708 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20708 of 2021 W.M.P.(MD).No.17315 of 2021 P.Kumaravadivel ... Petitioner versus 1.The Government of Tamil Nadu Rep.by its Secretary to Government, Transport Department, Secretariat, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

4.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Thanjavur Town I-Branch, Thanjavur.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondent Nos.1 to 4 to provide suitable alternative employment in the fourth respondent Corporation, Thanjavur Town-I Branch with pay protection, continuity of service and monthly salary with backwages from August 2017 to till date including back wages with reasonable rate of interest payable to the petitioner as per Section 47 (1) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.A.Kannan Additional Government Pleader for R1 Mr.P.Balasubramanian for RR2 to 4 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.20708 of 2021

ORDER

The petitioner, who was working as Conductor in the second and third respondents Corporation, has filed this writ petition seeking a direction to the respondents to provide alternative employment in the fourth respondent Corporation.

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the respondent Nos.2 to 4 submits that the petitioner has already been considered under the Disabilities Act, by which, alternative employment has been provided to this petitioner and the same is subject to the certificate of the Medical Board.

3. Recording the submission made by the learned counsel appearing for the respondent Nos.2 to 4, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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.

To 1.The Secretary to Government, Transport Department, Secretariat, Chennai-600 009. 2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Railway Station Road, Kumbakonam, Thanjavur District.

+1 CC to M/s.N. SUDHAGAR NAGARAJ, Advocate ( SR-35666[F] dated 24/11/2021 ) +1 CC to M/s.P. BALASUBRAMANIAN, Advocate ( SR-35567[F] dated 23/11/2021 ) W.P(MD)No.20708 of 2021 22.11.2021 RD(06.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2