N. Murugan v. Management of Tamil Nadu State Transport Corporation (Madurai) Ltd. , Madurai
2015-02-05
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment 1. Mr.A.P.Muthpandian, learned Standing Counsel takes notice for the respondent and by consent of both the parties, the main writ petition itself is taken up for final disposal at the stage of admission. 2. Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. 3. The petitioner is seeking for a Writ of Mandamus directing the respondent to send him to the Medical Board to find out his disability and to provide him a suitable alternative employment, as contemplated under Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 4. The case of the petitioner is that he is working as a Driver in the respondent Corporation and he sustained serious head injury due to stone throwing on him by miscreants who indulged in vandalism on 30.06.2001, in pursuant to the arrest of the Former Chief Minister. It is his case, that he was given treatment as in-patient from 30.06.2001 to 06.07.2001 and subjected to the surgeries for bone fracture. Thus, he contends that he is suffering from giddiness from 2010 onwards, and the Doctor has found that he was suffering with a Neurological problem. Therefore, he seeks for an alternative employment as he could not continue as a Driver. Hence, the petitioner sent a representation on 23.12.2014, seeking for an alternative employment. 5. Whether the petitioner is entitled for an alternative employment or not, is for the respondent to consider and decide after referring him to the Medical Board for assessing his disability. Therefore, the writ petition is disposed of with a direction to the respondent to send the petitioner to the Medical Board to find out his disability and thereafter to pass appropriate orders on the request of the petitioner seeking for an alternative employment. Such exercise shall be done by the respondent within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous petition is closed.