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2012 Supreme(Mad) 4981
IN THE HIGH COURT OF MADRAS
Vinod K. Sharma, J.
M. Palani - Appellant
Vs.
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. And Others - Respondents
Writ Petition (MD) No. 11867 of 2012 and MP. (MD) No. 1 of 2012
Decided On : 15-10-2012
For the Appellant : A. Rahul
For the Respondent: D. Sivaraman
The central legal point established in the judgment is the obligation to provide suitable alternative employment with pay protection, continuity of service, and back wages to persons with disabilities under the Persons with Disabilities Act, 1995.
Headnote:
Mandamus - Alternative Employment - Persons with Disabilities Act, 1995 - The court directed the respondent to provide suitable alternative employment with pay protection, continuity of service, and back wages to a petitioner who was denied duties due to poor eye vision.
Fact of the Case:
The petitioner, a driver, was denied duties due to poor eye vision and sought alternative employment with pay protection, continuity of service, and back wages under the Persons with Disabilities Act, 1995.
Finding of the Court:
The court found that the petitioner had been given alternative employment as a Helper with pay protection, and the back wages due to the petitioner would be released. The writ petition was disposed of by directing the respondent to pay the wages due to the petitioner within one month.
Issues: The issues involved the denial of duties to the petitioner due to poor eye vision, the request for alternative employment under the Persons with Disabilities Act, 1995, and the release of back wages.
Ratio Decidendi: The court's decision was influenced by the provisions of Section 47(i) of the Persons with Disabilities Act, 1995, which requires the grant of alternative employment with pay protection and continuity of service to persons with disabilities.
Final Decision: The court directed the respondent to pay the wages due to the petitioner from the date of disengagement till the date of reinstatement on alternative employment within one month.
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.
