Managing Director vs S. Mariappan

Chitra Venkataraman, J.—This Writ Appeal arises out of the order of the learned single Judge dated 6.12.2007 passed in W.P.(MD) No. 9953 of 2007.

The respondent in the Writ Petition is the appellant herein.

The writ petitioner/respondent herein filed the said Writ Petition for a Writ of Mandamus directing the appellant herein to provide alternative employment to the petitioner who had been dismissed from service on medical ground by proceedings in Admn. A4/4283/2003 dated 6.2.2004.

It is seen that respondent herein was directed to appear before the Medical Board, Rajaji Hospital, Madurai. Consequently, he was examined. The Medical Board opined in its report that the respondent is unfit for driving as he was suffering from colour blindness. Based on the medical report dated 17.12.2003, on 6.2.2004, an order was passed dismissing the respondent herein from service since 9.2.2004. The respondent herein made a representation on 2.8.2006 requesting that he be considered for an alternative employment. The respondent herein also made representation to the Hon''ble Chief Minister''s Cell and he was assured that his request would be considered. Since there was no further progress in the matter, he approached this Court by way of Writ Petition.

Following the decision of a Division Bench of this Court, the learned Single Judge held that the writ petitioner/respondent herein was entitled to get alternative employment in the same scale of pay with promotional benefits from the date of his termination. Consequently, the appellant was directed to reinstate the respondent herein in any one of the alternative posts in terms of section 47 of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 within two weeks from the date of receipt of copy of that order.

Learned Counsel appearing for the appellant Transport Corporation placed before this Court an order of re-employment dated 14.2.2012 without prejudice to the Writ Appeal results. The learned Counsel submitted that the respondent herein has been appointed as Assistant in Pasumalai.

Learned Counsel for the appellant Transport Corporation further submitted that the only question that arises for consideration in the matter is the payment of backwages.

Evidently, the Writ Appeal has been filed with delay and no order of stay has been obtained. Consequently, the order of the learned Single Judge directing the appellant to reinstate the respondent in any alternative post within two weeks from the date of receipt of copy of that order would mean that the respondent should have been taken on employment with the appellant. Further, the appellant had not paid any arrears of pay as directed by this Court by calculating the amount payable within four weeks from the date of receipt of copy of that order. However, the respondent herein had written a letter on 25.7.2011 to the appellant requesting the appellant to pay backwages from the date of judgment of this Court, namely, dated 6.12.2007 and requested alternative posting, which means the respondent had practically waived the backwages for the period prior to 6.12.2007.

Following the decisions of this Court referred to in the learned Single Judge''s order, we do not find there is any legal ground to accept the case of the appellant. Consequently, we reject the appeal. Hence, taking note of the representation made by the respondent herein, in fitness of things, this Court feels that the appellant herein is bound to pay the wages of the respondent from the date of the order passed by this Court on 6.12.2007 with continuity of service from the date of dismissal i.e. from 9.2.2004 to the date of order by this Court i.e. 6.12.2007 for the purposes of pensionary and other retirement benefits. In the background of facts referred to above, we have no hesitation in dismissing the Writ Appeal and consequently, direct that the respondent would be entitled to continuity of service benefits from 9.2.2004 till the date of reinstatement i.e. 14.2.2012. The respondent shall be entitled to backwages from the date of the order in the Writ Petition i.e. 6.12.2007 The appellant herein shall pay the arrears of backwages to the respondent herein within a period of four weeks from today. Accordingly, the Writ Appeal is dismissed.

The connected Miscellaneous Petition is closed. No cost.