The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondent to refer the petitioner to Medical Board to find out his disability and to provide him a suitable alternative permanent employment with pay protection, continuity of service, backwages and all other attendant benefits in accordance with Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.
2.The petitioner is a Conductor working in the respondent corporation from 16.04.1996. Due to continuous giddiness, he was admitted in Om Muruga Heart Diabetic Critical Care Centre, Usilampatti, and took treatment between 12.09.2011 and 28.10.2011. The doctor issued the Medical Certificate dated 28.10.2011 stating that the petitioner was taking treatment for left side stroke, cerebra vascular accident, left side hemophilia/Thrombo embolic infection and advised him not to do heavy work. Narrating the same, the petitioner made representations dated 26.09.2016 and 07.11.2016 respectively, to the respondent seeking alternative employment by referring to him to the Medical Board and that the same have not been considered. Hence, this writ petition.
3.Learned standing counsel appearing for the respondent submitted that the respondent would consider the case of the petitioner for alternative employment depending upon the report of the medical board.
4.Recording the above submission made by the learned standing counsel for the respondent, the respondent is directed to refer the petitioner to the Medical Board and subject to the report of the medical board, the respondent shall consider the case of the petitioner for alternative employment under Section 47 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995. Such exercise shall be completed within a period of one month from the date of receipt of a copy of this order.
With the above direction, this Writ Petition is disposed of. No costs. Consequently, WMP(MD)No.2148 of 2017 is closed.
To The Managing Director, Management of Tamilnadu State Transport Corporation (Madurai)Ltd, Madurai Region, Bye pass Road, Madurai-625 016.
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