J.SEKAR Vs. METROPOLITAN TRANSPORT CORPORATION

JUDGEMENT

(1.) THE Writ Appeal is preferred against the Order passed by the learned single Judge dated 10.12.2010 in W.P.No.49656 of 2006.

(2.) THE writ petition is filed by the appellant against the order of the second respondent dated 22.11.2006 bearing Ref. Memorandum No.21352/Per Sec. (Admn.) - 2/MTC/2006 by which the second respondent has rejected the representation of the appellant for conferring alternate employment as per the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,1995.

(3.) CHALLENGING the said proceedings appellant has preferred Writ Petition in W.P.No.49656 of 2006 contending that Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (in short, "Disabilities Act") Act came into force on 7.2.1996 and at that time when the appellant was discharged on 11.9.1996, he was entitled to the statutory protection. According to the appellant, at the time when he was discharged in September 1996, his basic salary was Rs.2,045.00 in the pay scale of Rs.1770-20-2470 and as per Section 47 of the Disabilities Act, the appellant should be given alternative employment commensurate with the status and pay protection. The appellant, sought for a writ of certiorarified mandamus to quash the proceedings dated 22.11.2006 and consequently direct the respondent Corporation to post him as Junior Assistant or any clerical post, on the administrative side in commensurate with his educational qualification and protecting his earlier salary at the time of his discharge from service on medical grounds.