M. SANJEEVI RAMANUJAM Vs. THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED AND ORS.

JUDGEMENT

(1.) The petitioner has filed this writ petition praying for a Mandamus directing the respondents to provide him continuity of service from 30.10.1992 without any break with same scale of pay for which originally he is entitled and to pay the back wages, as per Sec. 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

(2.) The petitioner was a conductor with the respondent Corporation originally on daily wage basis from 30.10.1992. His service was regularized and was brought into time scale of pay with effect from 22.09.1993. While so, the petitioner met with an accident, while he was on duty on 24.06.1996, resulting in spine injury. After several months of treatment, the petitioner was declared unfit to resume duty as Conductor and he was recommended for sedentary type works. Having been certified as 'disabled', the respondent Corporation, in stead of providing an alternative employment, treated the petitioner as a fresh entrant as Clerk with effect from 01.09.1997. The petitioner's contention is that as per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Hereinafter called as Act 1 of 1996), the respondents ought not to have discharged the petitioner on the ground of 'disability', but should have provided him alternative suitable employment with same scale of pay and continuity of service. However, the petitioner accepted the post of Clerk and has been working from 1997.

(3.) Now, the question that has to be decided in the writ petition is whether the petitioner has to be given continuity of service from 30.10.1992 without any break of service with same scale of pay, he was originally entitled to and also for the back wages as per Sec. 47 of the Act.