S.Aboorvasamy, S/O.Sebastian v. Tamil Nadu State Transport
W.P.(MD) No.14228 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No. 14228 of 2018 and W.M.P.(MD) No.12873 of 2018 S. Aboorvasamy
...Petitioner
Vs.
1. Tamilnadu State Transport, Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.
2. The General Manager Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus, directing the respondents 1 and 2 to provide the petitioner suitable alternative employment with pay protection, continuity of service and back wages from the date of disengagement as per Section 47(1) of persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and pass orders.
For Petitioner : Mr. A. R. Rahul For Respondents : Mr. D. Sivaraman Standing Counsel
ORDER
The petitioner has passed away on 09.07.2018 and with this, the prayer for a mandamus also goes.
2. Learned counsel for the petitioner would reiterate the petitioner's prayer for wages and all benefits in regard to the petitioner's employment for the period 13.07.2013 to 15.03.2018, when he says that the respondents abruptly terminated his services. This is objected to by the learned counsel for the respondents, who https://hcservices.ecourts.gov.in/hcservices/ _____________ Page No.1 of 2
W.P.(MD) No.14228 of 2018 would state that as on 15.03.2018, the petitioner was not terminated but had absented himself from duty thereafter. This is a disputed question of fact.
3. If at all the legal heirs of the petitioner believe that they are entitled to any benefits on account of the services of the deceased petitioner, they are at liberty to approach the respondents seeking redressal.
4. The writ petition is disposed as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mnr 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. Tamilnadu State Transport, Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.
2. The General Manager Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.
+1 CC to M/s.A. RAHUL, Advocate ( SR-36206[F] dated 26/11/2021 ) +1 CC to M/s.D. SIVARAMAN, Advocate ( SR-36159[F] dated 26/11/2021 ) W.P.(MD)No. 14228 of 2018 and W.M.P.(MD) No.12873 of 2018 25.11.2021 RK(4.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ _____________ Page No.2 of 2