P MANI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner was dismissed from service by the first respondent on the ground of medical unfitness by proceedings dated 13.11.1999 and his request for alternate employment, as per G.O.Ms.No.746, Transport, dated 2.7.1981, also rejected. Hence, the above writ petition for a writ of Certiorarified Mandamus calling for the entire records in so far relates to the first respondent in its proceedings No.05/1377/P2/SETC/TN.Div.II/96 dated 13.11.99 and quash the same and consequently, direct the respondents to reinstate the petitioner in the alternative post or Conductor in the State Express Transport Corporation Ltd., Madras.

(2.) I am obliged to refer the proceedings of the Thiruvalluvar Transport Corporation Ltd. made in S.S.No.746 Trpt. dated 2.7.1981, which reads as follows:

(3.) As per the said Government Order, all those employees in the State Transport undertakings, who were declared unfit to continue in the post of drivers for eye defect or for any other ailments and while they could be discharged on medical grounds and their service benefits settled, they should also be subsequently provided with alternate employment in posts like "helpers", depending upon their qualifications, experience and suitability for the new post without consulting the employment exchange.