Dismissed

T.Paramasivam, Conductor, v. The Management

Madras HC5 Feb 2024WP/12093/2018

Case brief

AI extract

What is this about?

A bus conductor sought alternative light duty work with pay protection under Section 47 of the Persons with Disabilities Act, 1995. During hearing it was reported that the petitioner had died; holding nothing survived, the court dismissed the writ petition as infructuous but directed respondents to disburse all eligible monetary benefits to his legal heirs.

What the court decided

AI extract

T.Paramasivam, Conductor, Vs The Management — Pension and Retirement Benefits | Madras HC (2024)

¶1

W.P.No. 12093 of 2018

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 05.02.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE BATTU DEVANAND

¶6

W.P.No. 12093 of 2018 and W.M.P.Nos. 14095 & 14096 of 2018

T. Paramasivam

... Petitioner

Vs.

1.The Management, The Metropolitan Transport Corporation, Rep., by its Senior Deputy Manager, Pallavan Salai, Chennai – 600 002.

¶11

2.The Assistant Manager, (Paniyalar) The Metropolitan Transport Corporation, Pallavan Salai, Chennai – 600 002. ... Respondents

¶12

Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating tot he proceedings of the first respondent in KURIPPANAI YEN.25072/PAPE (NEER)4/MAPOKA/2014 dated 17.04.2018 and quash the same as illegal and consequently direct the respondents to continuously provide the light duty work which was already given to the petitioner for the past 13 ½ years such as in money collection section or in ticket issue section or as security guard in the office or any alternative light duty with pay protection as per Section 47 of the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and based on the disability certificate given more than seven times by the Medical Board to the petitioner till his superannuation.

¶13

https://www.mhc.tn.gov.in/judis

¶14

1/4

¶15

W.P.No. 12093 of 2018

¶16

For Petitioner : Mr. Y. George Williams For Respondents : Mr. C. Gauthamaraj, Standing Counsel

¶17

O R D E R

¶18

This Writ Petition has been filed by Conductor working in the respondents

¶19

Corporation seeking for alternative employment as per Section 47 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights and Full Participation) Act, 1995, based on the disability certificate issued by the Medical Board to the petitioner till his superannuation.

¶20

2 . Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the records.

¶21

3 . During the course of hearing, the learned counsel for the respondents

¶22

submit that the petitioner died on 07.07.2023 and he placed a copy of the death certificate of the petitioner.

¶23

4 . In view of the fact that the relief sought in this writ petition with regard

¶24

to the alternative employment to the petitioner due to his disability and in view of

¶25

the fact that the petitioner is no more at present, in my considered view, nothing

¶26

survives in this writ petition.

¶27

https://www.mhc.tn.gov.in/judis

¶28

2/4

¶29

W.P.No. 12093 of 2018

¶30

5 .

¶31

5 . Accordingly this Writ Petition is dismissed as infructuous. However, it

¶32

is made it clear that the respondents shall disburse all legal eligible monetary

¶33

benefits to the legal heirs of the deceased in accordance with law.

¶34

6 . Consequently, connected miscellaneous petitions are closed.

¶35

7 . There shall be no order as to costs.

¶36

05.02.2024

¶37

Index :Yes/No Neutral Citation :Yes/No

¶38

¶39

¶40

1.The Senior Deputy Manager, The Metropolitan Transport Corporation, Pallavan Salai, Chennai – 600 002.

¶41

2.The Assistant Manager, (Paniyalar) The Metropolitan Transport Corporation, Pallavan Salai, Chennai – 600 002.

¶42

https://www.mhc.tn.gov.in/judis

¶43

3/4

¶44

W.P.No. 12093 of 2018

¶45

BATTU DEVANAND, J.

¶46

¶47

W.P.No. 12093 of 2018 and W.M.P.Nos. 14095 & 14096 of 2018

¶48

05.02.2024

¶49

https://www.mhc.tn.gov.in/judis

¶50

4/4

T.Paramasivam, Conductor, v. The Management

Case brief

What is this about?

What the court decided

T.Paramasivam, Conductor, v. The Management

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.S.Gurusamy, Vs the State of Tamil Nadu

A.Sivakumar, Motor Vehicle Vs The Transport Commissioner

P.Muthuswami, Vs The State of Tamil Nadu

S.Muniyan Vs The Director General of

P.Terrinton Vs Union Of India

S.Charles Nixon Vs Union Of India