IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE DR. JUSTICE A.D. MARIA CLETE
P.MANIKANDAN S/O PANDIAN – Appellant
Versus
THE SECRETARY – Respondent
COMMON JUDGMENT
Heard.
2. The petitioner is the same in both writ petitions. In the first writ petition, W.P.(MD) No. 22401 of 2017, the petitioner, an employee of the respondent Cooperative Society, sought a direction to the Society to consider his representation dated 30.09.2017 and to appoint him as Junior Assistant with salary benefits from 03.07.1999. According to the petitioner, he had been working as a Junior Assistant in the Cooperative Society since 06.02.1992 and his services had been regularised. However, on 29.11.1998, he met with an accident resulting in the amputation of his right hand. Thereafter, when he reported for duty, the Society offered him only the post of Office Assistant and, by letter dated 01.07.1999, called upon him to convey his willingness to accept the said post.
3. According to the petitioner, he was entitled to protection under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act 1 of 1996). Section 47 of the said Act provides as follows:-
“47. Non-discrimination in Government Employment - (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during h
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