K SUDALAI Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU TRANSPORT DEPARTMENT; GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION LTD (MADURAI DIVISION) AND DISTRICT EMPLOYMENT OFFICER

JUDGEMENT

(1.) It is an unfortunate case, while the whole world is crying/trying for rehabilitation of the persons with disability in employment and other fields, for no fault of them in coming to this world with disability, the second and third respondents not only shutting their ears and eyes but also closing their minds in refusing employment to the "disabled persons".

(2.) The present writ petition has been filed praying for the issuance of a writ of mandamus to direct the respondents to consider the petitioner's candidature for appointment to the post of "Conductor" with the second respondent Corporation under physically handicapped category in accordance with the petitioner's seniority.

(3.) The case of the petitioner is that he is a physically challenged person, having a dis-ability in his right leg. He had passed S.S.L.C. examination in the year 1996 and thereafter, he underwent conductor course and the transport authority issued a conductors' certificate under Rule 58 of the Tamil Nadu Motor Vehicles Rules. He had registered his name with the third respondent under the physically handicapped category. He had worked as a Conductor with a private transport Corporation in Tirunelveli known as "Dhanapal Motor Service". During the year 2006 - 2007, he had worked for about one year with the second respondent Corporation as a Conductor temporarily.