A. Durairaj(Died) v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.(MD)No.1 of 2015 1.A.Durairaj (Died) 2.D.Dominic Edward 3.D.Bowlin Marry (Minor aged about 14 years) ... Petitioners [Petitioners 2 and 3 are substituted vide order dated 14.12.2020 in W.M.P(MD)No.10302 of 2017] -Vs1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Rep. by its Managing Director, Kumbakonam.
2.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Rep. by its General Manager, Kumbakonam.
... 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 a suitable alternative employment to the petitioner with pay protection, continuity of service and wages from 08.06.2011 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.
For Petitioners : Mr.RM.Sivakumar For Respondents : Mr.D.Sivaraman Standing Counsel
ORDER
The relief sought for in the present writ petition is to direct the respondents to provide suitable alternative employment to the petitioner with pay protection, continuity of service and wages from 08.06.2011 and all other attendant benefits. 2.The learned Standing Counsel for the respondents brought to the notice of this Court that the alternate employment was 1/3
provided to the writ petitioner and he was unable to join due to serious illness. The facts, in this regard, are narrated in paragraph Nos.6, 7 and 8 of the counter affidavit, which reads as under:- "6.It is submitted that based on the 29.08.2014 Chennai Rajiv Gandhi Medical Board again petitioner participate in the Inhouse meeting on 07.11.2014 and decision was taken to provide alternate employment. In this continuation on the day itself the respective Branch Manager, Mannargudi Branch was directed to provide the alternate employment to the petitioner. But the petitioner not joined duty due to very poor health condition and later he filed this Writ Petition in November 2015 to avail the benefits on the clutches of Law.
7.It is submitted that after 07.11.2014 there is no other representation submitted by the petitioner since due to very poor health condition of the petitioner and he was continuously in medical treatment up to his death on 12.03.2017.
8.It is submitted that due to petitioner death the eligible benefits were settled to the legal heirs. SI.No.
Descripti on Amount Cheque No.
Date Installments Rs.
Ex-gratia 1,50,000 765859 15.10.2020 Entire amount paid.
Gratuity 27,197 477370 31.08.2019 Entire amount paid.
Cess 37,130 604235 22.05.2019 Entire amount paid.
The name of the legal heir to the petitioner also enrolled in the list of compassionate ground appointment register.
Due to petitioner appointment was after March 2003 that respective employer and employee contribution will be settled as per the Government direction." 3.Unfortunately, the petitioner died on 12.03.2017 itself. This being the factum, the legal heirs are entitled for the terminal benefits as applicable to the deceased/petitioner as per the Rules in force.
4.In view of the fact that the original petitioner died, the alternate employment cannot be now granted. However, the substituted petitioners/legal heirs are entitled for the terminal and pensionary benefits as applicable to the deceased employee. The learned Standing Counsel for the respondents states that the terminal and 2/3
pensionary benefits due to the deceased employee were already settled. If any other grievances exist to the legal heirs of the petitioner, they are at liberty to approach the respondents for redressal.
5.With this liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) Sji +1 CC to Mr.D.SIVA RAMAN, Advocate ( SR-25475[F] dated 15/12/2020 ) 14.12.2020 VB (22.12.2020) 3P 2C 3/3