STATE OF TAMIL NADU Vs. K MOHAMMED MUSTAFA

JUDGEMENT

(1.) HEARD Mr. R. Siva Manogaran, learned counsel appearing for the appellant.

(2.) THE present appeal is filed against the order of the learned single Judge upholding the contentions of the writ petitioner regarding the applicability of Section 47 of the Persons with disabilities (Equal opportunities, Protection of rights and Full Participation) Act, 1995 (hereinafter referred to as "the Act" ).

(3.) BRIEF facts are as follows: the respondent herein was appointed as conductor under the Tamil Nadu State transport Corporation, Madurai (Division-IV) (the present appellant ). Subsequently, such person had to undergo hip replacement. Due to such hip replacement, the employee was unable to perform the duty as Conductor. At that stage, the Management issued notice to the said employee to show cause as to why he should not be discharged from service on account of disability. Such notice was challenged by the employee and under the impugned order, the learned single Judge has extended the benefits available under Section 47 of the Act and quashed the notice issued by the appellant and irected the present appellants to provide some other post with same pay scale and if such other posts are not available to keep on a supernumerary post until a suitable post is available or until a person attains superannuation. In other words, the relief in terms of Section 47 of the Act was extended.