K PERIASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IT is an yet another case where the mandate imposed on the employer by the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter called as 'Act') under Section 47(1) has not been complied with in its true spirit, which requires interference by this Court.

(2.) THE petitioner was appointed as a Driver in the third respondent State Express Transport Corporation and his appointment was made permanent from 1.9.1980. It is seen that while he was in service and during the course of employment when driving the Corporation vehicle on 12.11.1996, the bus involved in an accident resulting in the fracture on his legs and permanent disability. It is in the form of locomotor disability as defined under section 2(o) of the Act which means the disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy. After undertaking treatment, his disability was confirmed by medical reports and thereafter the third respondent has issued a show cause notice on 5.5.1999 intimating to the petitioner about the disability suffered by him stating that he is not competent to continue the post of Driver. THE petitioner gave a reply on 17.5.1999 to the said show cause notice and ultimately it appears that on 18.7.1999, the third respondent has passed an order of termination of the petitioner from service on the ground of medical disability.

(3.) IT is not in dispute that after passing of the said order dated 1.1.2001, the respondents have not passed any order providing alternate employment or reinstating the petitioner into service. IT is seen that the petitioner has in fact made a representation to the Honourable Chief Minister on 3.7.2001 and inasmuch as the respondents have not taken steps to reinstate him in the job by cancelling the order of termination, the present Writ Petition has been filed for direction to reinstate him in any suitable post without causing reduction in salary, seniority and other attendant benefits.