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2007 Supreme(Mad) 2638

P.K.MISRA, P.R.SHIVAKUMAR
The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Karaikudi Region Rep. by its General Manager – Appellant
Versus
R. Tamilan – Respondent


Advocates Appeared:
For the Appellant:K. Jayaraman, Advocate.
For the Respondent:Arunachalam, Advocate.

Judgment :-

P.R. Shivakumar, J.

This writ appeal is directed against the order dated 19.08.2006 in W.P.No.6950 of 2006 whereby the appellant herein was directed to reinstate the writ petitioner in a suitable alternative employment with pay protection, continuity of service and back wages.

2. Thebrief facts leading to the filing of the present writ appeal can be stated thus:

(i) The respondent herein was appointed as a driver in the appellant Transport Corporation, Karaikudi. Initially, he was employed as daily wage driver from 01.02.1997 and his services were regularized with effect from 01.11.1997 by an order-dated 09.12.1997. Subsequently, he was transferred to Madurai Branch of the appellant Transport Corporation. At that time, he was sent to Suba Savuka Hospital, Karaikudi for yearly medical check up and as per the certificate dated 11.10.2002 given by the said hospital; he was having defective colour vision. Hence, by order-dated 14.12.2002, the petitioner was directed to appear before the Regional Medical Board, Madurai and accordingly, the respondent appeared before the Medical Board. Based on the report of the Medical Board, the appellant issued a show cause notice to the










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