Rajan P v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Rajan : Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (TNSTC) Madurai Limited, Madurai Division, Byepass Road, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (TNSTC) Madurai Limited, Dindigul Division, Byepass Road, Dindigul.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide a suitable alternative employment in the respondent corporation without affecting the petitioners scale of pay by taking into account of his physical disability by referring the petitioner to the medical board and obtain the Medical Report in conformity with Section 47 of the persons with disabilities (Equal opportunities, protection of Rights and full Participation) Act 1995 by considering his representations dated 25.12.2019 and 21.03.2020 respectively and for other reliefs. 1/5

For Petitioner : Mr.J.Lawrance For Respondents : Mr.S.Raja Standing Counsel for TNSTC

O R D E R

This writ petition has been filed seeking for a mandamus to the respondents to provide a suitable alternative employment in the respondent corporation without affecting the petitioner's scale of pay by taking into account of his physical disability by referring the petitioner to the medical board and obtain the Medical Report in conformity with Section 47 of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act 1995, by considering his representations dated 25.12.2019 and 21.03.2020.

2. Heard Mr.J.Lawrance, the learned counsel for the petitioner and Mr.S.Raja, the learned Standing Counsel appearing for the respondents.

3. The learned counsel for the petitioner submitted that when the petitioner was working as a Senior Grade Tradesman in the 2/5

reconditioning unit attached to the second respondent office at Dindigul, he had been entrusted the duty of reconditioning the old buses, and while he was working, he got an injury on the right side of his eye, and unfortunately, he has lost his right eye sight permanently and thus became permanently disabled. In view of his disability, the petitioner has sought to provide alternative employment as per the Standing Orders of the respondents Corporation and also to refer him to the Medical Board for examination. In this regard, he has also submitted the representations dated 25.12.2019 and 21.03.2020 to the respondents Corporation, which were not considered till date.

4. Learned counsel for the petitioner further submitted that it is suffice if the petitioner's representations dated 25.12.2019 and 21.03.2020, are considered and disposed of within a time frame, for which learned Standing Counsel has agreed.

5. Considering the limited prayer sought for by the petitioner, this Writ Petition is disposed of with a direction to the first respondent, to consider the representations of the petitioner dated 25.12.2019 and 21.03.2020 on merits and in conformity with Section 47 3/5

of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act 1995, and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. No costs.

16.10.2024 Index : Yes / No Internet : Yes / No PKN To 1.The Managing Director, Tamil Nadu State Transport Corporation (TNSTC) Madurai Limited, Madurai Division, Byepass Road, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (TNSTC) Madurai Limited, Dindigul Division, Byepass Road, Dindigul.

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J.SATHYA NARAYANA PRASAD , J.

PKN W.P.(MD) No.22833 of 16.10.2024 5/5