M. Palani v. Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.
2012-10-15
VINOD K.SHARMA
body2012
DigiLaw.ai
ORDER : 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 back wages 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 respondent’s further states that the back wages 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.