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Madras High CourtWP(MD)/21764/2024disposed of

M.Suresh v. The Managing Director

2024-09-12Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.21764 of 2024 M.Suresh ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Bye-Pass Road, Madurai - 625 003.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Bye-Pass Road, Madurai - 625 003.

3. The Branch Manager, Tamil Nadu State Transport Corporation Ltd., Solavanthan Branch, Vadipatti Road, Solavanthan, Madurai District - 625 214.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to take necessary action to allot alternative job to the petitioner by considering the petitioner's disability on the basis of the petitioner's representation dated 26.12.2022, 23.09.2023 and 23.08.2024 with the stipulated time as framed by this Court.

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For Petitioner : Mr.P.Balamurugan For Respondents : Mr.K.Ramaiah Standing Counsel

O R D E R

The instant writ petition has been filed by a Conductor of the respondent Transport Corporation, seeking a Mandamus to provide him alternative employment by considering the petitioner's disability and his representations dated 26.12.2022, 23.09.2023 and 23.08.2024.

2. According to the learned counsel appearing for the writ petitioner, the petitioner has suffered disability to an extent of 50% and therefore, he will not be in a position to perform the duties of a Conductor. Hence, the petitioner has sent a representations as stated above. Since the same has not been considered, the present writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 2/5

4. In view of the above said facts, the respondents herein are directed to refer the petitioner to the Medical Board, Government Rajaji Medical College Hospital, Madurai, to ascertain the fitness of the writ petitioner to perform the duties of a Conductor. Based upon the Medical Report, the respondents herein are directed to pass further orders. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.

12.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Bye-Pass Road, Madurai - 625 003.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Bye-Pass Road, Madurai - 625 003.

3. The Branch Manager, Tamil Nadu State Transport Corporation Ltd., Solavanthan Branch, Vadipatti Road, Solavanthan, Madurai District - 625 214.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.21764 of 2024 12.09.2024 5/5