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2025 DAILYLAW 93030 (MAD)

S.KIRUBANANDAN v. THE MANAGING DIRECTOR

WP/33099/2025 · 2025-09-02

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

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WP No. 33099 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-09-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA WP No. 33099 of 2025 1. S.Kirubanandan STM, TR 30116 S/o.V.Sadagopan, Door No.15, Serva Nagar, ITI Puthur, Vengikkal, Thiruvanamalai - 606 604. Petitioner(s) Vs 1. The Managing Director Taminadu State Transport Corporation(VPM) Ltd, 3/137 Salamedu, Thiruvannamalai Region, Valuthareddy Post, Villupuram – 605 602 2.The General Manager, Taminadsu State Transport Corporation (VPM) Ltd, Thiruvannamalai Region, Thiruvannamalai, Bye-Pass Road, Vengikkal, Thiruvannamalai – 606 604. 3.The Deputy Manager (Personnel) Tamil Nadu State Transport Corporation (VPM) Ltd, Thiurvannamalai Region, https://www.mhc.tn.gov.in/judis WP No. 33099 of 2025 Thiruvannamalai, Bye-Pass Road, Vengikkal, Tiruvannamalai – 606 604. Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent to provide a suitable alternative employment in the respondent corporation without affecting the petitioners scale of pay by taking into account of his physical disability by referring the petitioner to the medical board to ascertain his disability, in the light of the Section 20 of the Rights of Persons with Disabilities Act, 2016 by following the Letter No.26053/ADMIN 4/TNSTC(VPM)/T.V Malai/2016 dated 15.05.2017 within a time frame to be fixed by this Court. For Petitioner(s): Mr.V.S.Jagadeesan For Respondent: Ms.S.Pavithra Standing Counsel For TNSTC ORDER The present writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent Corporation to provide suitable alternative employment to the petitioner without affecting his scale of pay, by referring him to the Medical Board to ascertain his disability, in terms of Section 20 of the https://www.mhc.tn.gov.in/judis WP No. 33099 of 2025 Rights of Persons with Disabilities Act, 2016, and in line with proceedings dated 15.05.2017. 2. Heard Mr.V.S.Jagadeesan, learned counsel for the petitioner and Ms.S.Pavithra, learned Standing Counsel for the respondent/Corporation. 3. The facts of the case are that the petitioner, a physically handicapped person with 50% disability, was appointed as Junior Tradesman in the respondent Corporation under the quota for differently abled persons. Though he sought alternative light duty on account of his disability, the same was not considered. Earlier, this Court passed an order in W.P.No.18017 of 2014, directing the respondents to consider the request of the petitioner. Pursuant thereto, by proceedings dated 15.05.2017, the Corporation stated that alternative employment would be decided after the petitioner's appearance before the Medical Board. However, no steps were taken in spite of repeated representations of the petitioner, including the one dated 31.01.2024, Hence, the petitioner is constrained to move the present writ petition. https://www.mhc.tn.gov.in/judis WP No. 33099 of 2025 4. Considering the facts and circumstances of the case and in view of the limited prayer sought for in this writ petition, this Court, without going into the merits of the matter, directs the 1 st respondent to consider and pass orders on the representation submitted by the petitioner dated 31.01.2024 on its own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5. In fine, the writ petition stands disposed of. However, there shall be no order as to costs. 02-09-2025 kak Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No To 1. The Managing Director Taminadu State Transport Corporation(VPM) Ltd, 3/137 Salamedu, Thiruvannamalai Region, Valuthareddy Post, https://www.mhc.tn.gov.in/judis WP No. 33099 of 2025 Villupuram – 605 602 2.The General Manager Taminadsu State Transport Corporation (VPM) Ltd, Thiruvannamalai Region, Thiruvannamalai, Bye-Pass Road, Vengikkal, Thiruvannamalai – 606 604. 3.The Deputy Manager (Personnel) Tamil Nadu State Transport Corporation (VPM) Ltd, Thiurvannamalai Region, Thiruvannamalai, Bye-Pass Road, Vengikkal, Tiruvannamalai – 606 604. https://www.mhc.tn.gov.in/judis WP No. 33099 of 2025 A.D.JAGADISH CHANDIRA, J. kak W.P.No.33099 of 2025 02.09.2025 https://www.mhc.tn.gov.in/judis