Writ petition seeking alternative light work for a transport corporation employee rejected by the Medical Board process was dismissed as abated after the petitioner died during pendency; legal heirs were permitted to seek retirement benefits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No. 7015 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
Coram:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.No. 7015 of 2017 and
W.M.P.No. 7645 of 2017
R. Gopalakrishnan ... Petitioner
Vs.
1.Government of Tamilnadu, Rep., by its Secretary, Transport Department, Fort. George, Chennai – 9.
2.Tamilnadu State Transport Corporation (Villupuram) Ltd., Rep., by its Managing Director, Salamedu, Villupuram – 2.
3.The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore – 9. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order Memo No. 16743 / Ni3 / TNSTC (Villupuram) Vellore/2015 dated 31.12.2016 issued by the third respondent, rejecting the petitioner request for alternative employment on
1/4
W.P.No. 7015 of 2017
the ground that the Medical Board has not given its report in Form-IV and has not fixed the percentage of his disability, quash the same and recommended to give him light work and consequently direct to the respondents to provide the petitioner forthwith any desk work in commensurate with his physical condition as per the recommendation of the Medical Board, Government Medical College Hospital, Vellore, dated 07.12.2016, with continuity of service, pay protection, back wages and all other.
For petitioner : Mr. R. Malaichamy
For Respondents : Mr. E. Vijay Anand, for R1 Additional Government Pleader Ms. S. Pavithra, for R2 & R3
O R D E R
Learned counsel for the petitioner submits that the sole
petitioner died and he placed copy of the death certificate dated 13.02.2023. On perusal of the same, it appears that the petitioner died on 08.10.2022.
2. In view of the same, the learned counsel for the petitioner submits that this writ petition can be closed as abated.
2/4
W.P.No. 7015 of 2017
3. In view of the above factual position, this Writ Petition is
dismissed as abated. However, it is made clear that the legal heirs of the
petitioner are entitled to make a representation to the respondents for retirement benefits of the petitioner and on receipt of the same, the respondents shall dispose of the same in accordance with law.
03.01.2024
Index:Yes/No Neutral Citation:Yes/No
AT
To
1.The Secretary, Government of Tamilnadu, Transport Department, Fort. George, Chennai – 9.
3.The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore – 9.
3/4
W.P.No. 7015 of 2017
BATTU DEVANAND,J.
AT
W.P.No. 7015 of 2017 and W.M.P.No. 7645 of 2017
03.01.2024
4/4
1 provisions across 1 enactments
R. Gopalakrishnan
Government of Tamilnadu, Rep., by its Secretary, Transport Department
Tamilnadu State Transport Corporation (Villupuram) Ltd.
The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
