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2010 Supreme(Mad) 2727

N.PAUL VASANTHAKUMAR, VASANTHAKUMAR
G. Kandasamy – Appellant
Versus
Tamil Nadu State Transport Corporation (Villupuram) Ltd. , Villupuram & Another – Respondent


Advocates appeared:
For the Petitioner:S. Vaidyanathan, Advocate.
For the Respondents:R1, KalaRamesh, Advocate & R2, R. Murali, Government Advocate.

Judgment

1. The prayer in the writ petition is to declare that the order of the first respondent dated 15. 2000 in discharging the petitioner with effect 16. 2000 by not protecting the petitioner in his post as illegal, contrary to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995, arbitrary & violative of Article 14, 16, 21 & 300A of the Constitution of India and consequently direct the first respondent to treat the services of the petitioner as continuous one without any break in service and grant all the benefits that the petitioner is entitled to but for medical de-categorisation on 16. 2000, grant the petitioner all the consequential, monetary and other attendant benefits with effect from the date of medical decategorisation on par with his junior V.Kaliyamoorthy, Driver, Staff No.1768.

2. The case of the petitioner is that the petitioner joined as Driver in the first respondent Transport Corporation on daily wage basis on 111. 1986 and he was posted at Kalpakkam branch. Petitioner was confirmed in service as Driver by order dated 6. 1993 and he was promoted as Senior Driver with effect from 5. 1993. While
























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