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Madras High CourtWP(MD)/25430/2022disposed of

Raja Mohamed.J v. The Management Of

2022-11-09Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.19531 of 2022 J.Raja Mohamed ... Petitioner Vs The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Represented by its General Manager, Ponmeni Branch, Bye Pass Road, Madurai.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to refer petitioner to Medical Board for find out petitioner disability and to provide petitioner a suitable alternative permanent employment with pay protection, continuity of service, back wages and all other attendant benefits in accordance with Sec 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

For Petitioner : Mr.G.M.Xavier 1/4

For Respondent : Mr.K.Ramaiah Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The writ petitioner joined the respondent Corporation as Driver on 18.01.1999. He has put in 22 years of service. The petitioner now complains of cardiac ailment. He wants alternative employment. To consider the request, the petitioner must be referred to Medical Board in the first instance. I, therefore, direct the respondent to refer the petitioner to duly constituted Medical Board within a period of four weeks from the date of receipt of a copy of this order. The Medical Board shall examine the petitioner and submit his reports within a period of four weeks thereafter. A copy of the medical report will also be furnished with the writ petitioner also. It is for the respondent Management to take decision based on the Medical Board to be submitted. This writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs.

09.11.2022 Index : Yes / No Internet : Yes/ No mga 2/4

To The General Manager, Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Ponmeni Branch, Bye Pass Road, Madurai.

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G.R.SWAMINATHAN, J.

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