D. ANBALAGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed challenging the order of the second respondent dtd. 17/9/2021, in and by which, the petitioner has been provided with alternate employment of Office Assistant.

(2.) The learned Counsel for the petitioner submits that the petitioner joined service in the Health and Family Welfare Department as Driver in the year 2007 in Virudhunagar. On 13/11/2017 he underwent Macro Pituitary Adenoma surgery and due it, his eyesight got weakened.

(3.) The learned Counsel further submits that though the petitioner's scale of pay is protected, he has been given employment in the lower category and not in the equal cadre of the Driver. The learned Counsel for the petitioner by relying upon Sec. 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Sec. 20 of the Rights of Persons with Disabilities Act, 2016 submits that no government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service and if there are no vacancies available in the said post, the employee should be kept in a supernumerary post until a suitable post is available.