A.SHANMUGAM Vs. MANAGEMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner seeks for issuance of writ of mandamus to direct the respondent management to provide alternate employment with pay protection and continuity of service, backwages and other attend benefits from 13.10.1997, date of discharge on medical ground, as per Section 47 of Persons with Disabilities (Equal opportunities, protection of Rights and Full participation) Act, 1995 (in short "Act")

(2.) The petitioner was employed as Conductor. After completing his duty on 26.10.1996, he remitted the ticket sales amount in the cash counter at Edappadi Branch and boarded the bus bearing Registration No.TML 7480 to go to his residence at Cavaripatty. The bus started at Edappady bus stand at 3.35 p.m. and it stopped at Kalvadangam bus stop at 4 p.m., wherein two passengers boarded into the bus with two gunny bags and the gunny bags were kept under the seat. The petitioner was sitting on the seat, where it was kept beneath the seat. When the bus was moving, the contents of the bag burst into explosion with loud noise and fire. In the said accident, the petitioner sustained severe burn injuries all over his body, particularly, on his head, face, nose and eyes. He was brought to the Government Hospitals in Kumarapalayam and Erode. But, there were no improvement in the said Hospitals. Finally, he was admitted at Madurai Arvind Eye Hospital and took treatment there for about three months. Despite the treatment, he lost his eyesight and became completely blind.

(3.) He sent a representation dated 28.07.1997 with a request to treat the period of absence as medial leave. Whileso, he was discharged from the post of Conductor by order dated 13.10.1997 on the ground that he was medically unfit to continue in service.