The petitioner sought a writ of mandamus for permanent alternative employment with pay protection under the Persons with Disabilities Act, 1995. The court dismissed the petition as infructuous based on counsel's endorsement without hearing.
Writ petition dismissed as infructuous; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.9798 of 2016
and W.M.P.No.8787 of 2016
E.Ganesan ...Petitioner /versus/ 1.The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Salem - 636 007. 2.The General Manager, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road,
Salem - 636 007. ...Respondents
Prayer: Writ petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and provide the petitioner with permanent alternative employment in the cadre equal to the post of Driver 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 - on the strength of Medical Opinion dated 24.06.2015 given by the Medical Board of the Mohan Kumaramangalam Government Medical College Hospital, Salem.
For Petitioner : Ms.S.Girija
Based on the endorsement made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as infructous. No costs. Consequently, connected Miscellaneous Petition is also closed.
Sd/-
ASST. REGISTRAR
/TRUE COPY/
SUB ASST. REGISTRAR
To
1 issue framed by the court
Whether the writ petition seeking permanent alternative employment under Section 47 of the Persons with Disabilities Act, 1995 is maintainable.
2 provisions across 2 enactments
E.Ganesan
The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd.
The General Manager, Tamilnadu State Transport Corporation (Salem) Ltd.
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
