R.Raja v. The General Manager

W.P.(MD) No.23949 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.23949 of 2019 R.Raja ... Petitioner -VsThe General Manager, State Express Transport Corporation, Pallavan Salai, Chennai-2.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to provide him a suitable alternative permanent employment with pay protection, continuity of service, back wages 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 and pay the petitioner's arrears of salary from 08.02.2017 to till the date of providing alternative employment.

For Petitioner : Mr.G.M.Xavier For Respondent : Mr.K.Sathya Singh TNSTC

ORDER

This Writ Petition is filed to direct the respondent to provide him a suitable alternative permanent employment with pay protection, continuity of service, back wages 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 and pay the petitioner's arrears of salary from 08.02.2017 to till the date of providing alternative employment.

2.Mr.K.Sathyasingh, learned counsel takes notice on behalf of the respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.According to the petitioner, he was appointed as Driver Cum Conductor in the respondent Corporation on 21.01.2016 through https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.23949 of 2019 District Employment Exchange. Now, he is working at Nagercoil Branch of the respondent Corporation. Due to his ill-health, he is taking treatment as outpatient in Vallivilas Hospital, Cuddalore. He has approached the respondent, requesting to provide light duty by producing medical certificates and the disability certificate produced by the District Collector, Cuddalore. Since no efforts have been taken by the respondent, the petitioner has come out with the present Writ Petition.

4.Considering the nature of relief sought for herein, this Court directs the petitioner to give a fresh representation to the respondent, enclosing the copy of this order, within a period of two weeks from the date of receipt of a copy of this order and the respondent is directed to consider the same, on merits and pass appropriate orders, in accordance with law, within a period of eight weeks thereafter.

5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) Myr To The General Manager, State Express Transport Corporation, Pallavan Salai, Chennai-2.

+1 CC to M/s.K. SATHIYA SINGH, Advocate ( SR-97919[F] dated 13/11/2019 ) +1 CC to M/s.G.M.XAVIER, Advocate ( SR-98457[F] dated 15/11/2019 ) W.P.(MD)No.23949 of 2019 13.11.2019 JMN(05.12.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2