Back
M. S. RAMESH
K. Chinnusamy – Appellant
Versus
Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd. – Respondent
ORDER :
Prayer in WP.No.42344/2016: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records connected with the order of dismissal dated 23.09.2016 passed against the petitioner by the second respondent in his proceedings Pa.Mu.No.27-3923-D8-TNSTC-2013-16, quash the same and also direct the respondent/Management to reinstate the petitioner with continuity of service, back wages and all other attendant benefits.
Prayer in WP.No.42345/2016: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records connected with the orders dated 27.12.2015 passed by the second respondent in Proceedings No.E1A/4359- Pa.Pi/TNSTC/Salem/2015, quash the same and also direct the respondents to provide the petitioner with permanent alternative employment in the cadre equal to the post of Conductor with pay protection continuity of service and all other attendant benefits as per Section 47 of the Persons with Disabilities (Equal Opportunities Protection and of Rights and Full Participation) Act 1995 duly considering his physical disability
The central legal point established in the judgment is the mandatory protection provided to employees acquiring disability during service under Section 47 of the Persons with Disabilities Act, and th....
Section 47 of the Persons with Disabilities Act mandates alternative employment with pay protection for employees found unfit for their current position due to medical reasons.
The termination of an employee based on medical unfitness is contrary to the protections established under disability laws, requiring adjustments or supernumerary positions for disabled employees.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
