High CourtsSingle Bench(2012) 10 MAD CK 0188

M. Palani vs Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. and Others

Madras High Court · Decided on 15 October 2012 · Citation: (2013) 2 LLJ 211

HON’BLE JUDGES
Vinod K. Sharma, J
CASE NUMBER
Writ Petition (MD) No. 11867 of 2012 and MP. (MD) No. 1 of 2012

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Judgment

6 paragraphs · 269 words

Vinod K. Sharma, J.—The petitioner prays for issuance of a Writ in the nature of mandamus, directing the respondents to provide suitable alternative employment with pay protection, continuity of service and backwages w.e.f. 4.4.2012, the date when the petitioner was denied duties due to poor eye vision. The petitioner was appointed as Driver with the Respondent No. 1 on 1.9.1997. During the service, the petitioner''s eye sight went very weak and accordingly, he was declared disabled to continue the job of the Driver.

2.

The petitioner filed a representation with the respondents for grant of alternative employment with pay protection, continuity of service in terms of Section 47(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. On the failure, that the respondent to consider the representation, the petitioner has approached this Court.

3.

The learned counsel appearing on behalf of the respondents states that the petitioner has been given alternative employment as Helper and has joined the post on 22.9.2012. It is also stated that the petitioner has been given pay protection.

4.

The learned counsel for the respondents further states that the backwages due to the petitioner from the date of his disengagement till reinstatement will be released.

5.

In view of the stand taken by the respondents, this writ petition is disposed of by directing the Respondent No. 1 to pay wages due to the petitioner from the date of disengagement till date of reinstatement on alternative employment, within one month of the date of receipt of certified copy of the order.

6.

No costs. Consequently, connected M.P. is closed.