P.Srinivas vs The Managing Director
2022 Latest Caselaw 5433 Tel

     THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

                  WRIT PETITION No.39607 of 2022

ORDER:

Heard learned counsel for the petitioner and Sri Thoom Srinivas,

learned Standing Counsel for TSRTC appearing for respondents. With

the consent of both the parties, the writ petition is being taken up for

disposal at the admission stage itself.

2. This writ petition has been filed seeking a writ of mandamus to direct

the respondents to consider the case of the petitioner for alternative

employment in view of declaring his services by the medical board UNFIT in

the cadre of conductor in A2 category in terms of under the provisions of

Sec 47 of the persons with Disabilities Equal opportunities protection of

Rights and Full participation Act 1995, R/w Judgment Reported in

1995(1)ALD Pg 632 and orders in WP No.324 of 2000 dated 25.04.2000 with

all consequential benefits by duly considering the representation of the

petitioner dated 02.09.2020 made to the respondent No.1.

3. Though various grounds are raised in the writ petition, learned

counsel for the petitioner restricts his prayer seeking a direction to

respondent authorities to consider the petitioner's representation,

dated 02.09.2020, in terms of the order passed by this Court in WP

No.324 of 2000, dated 25.04.2000.

4. learned Standing Counsel for TSRTC appearing for respondents

submits that if the said representation is still pending for

consideration, the respondent authorities may be directed to consider

the said representation and pass appropriate orders in accordance

with law.

5. In view of the submission made by the learned counsel for the

petitioner and learned Standing Counsel for TSRTC appearing for

respondents, this writ petition is disposed of, directing respondent

No.1 to dispose of the petitioner's representation, dated 02.09.2020,

in terms of the order passed by this Court in WP No.324 of 2000, dated

25.04.2000, if the petitioner is otherwise eligible, strictly in

accordance with law, as expeditiously as possible, preferably within a

period of five (05) weeks from the date of receipt of the order, after

giving a fair opportunity of hearing to the petitioner and communicate

the same to the petitioner.

6. Accordingly this writ petition is disposed of. Miscellaneous

applications, if any pending, shall stand closed. No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR

Date: 28.10.2022 SHA

Note: Issue CC in 10 days.