G.Karthikeyan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-04-2025
CORAM
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN G.Karthikeyan S/o.Govindasamy, No.1/39 Keez Theru, Siruvallur And Post, Kalasapakkam Taluk, Thiruvannamalai District - 606906.
Petitioner(s) Vs 1.The Managing Director Tamil Nadu Transport Corporation (VPM) Limited, 3/137 Salamedu, Vazuthareddy Post, Villupuram 605602.
2.The General Manager, Tamil Nadu Transport Corporation (VPM) Limited, Thiruvannamalai Region, Vengikkal, Bypass road, Thiruvannamalai - 606 604.
Respondent(s)
PRAYER Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents to give an alternate employment with pay protection with back wages and continuity of service from September 2023, as per section 20 of the Right of Persons with Disabilities Act 2016 to the petitioner.
For Petitioner(s):
Mr.S.T.Varadarajalu For Respondent(s):
Mrs.S.Pavithra Standing Counsel
ORDER
This writ petition has been filed in the nature of mandamus seeking a direction to the respondents to give alternate employment with pay protection with back wages and continuity of service from September 2023, in accordance with section 20 of the Right of Persons with Disabilities Act, 2016, to the petitioner.
2.
In the affidavit filed in support of this writ petition, it had been stated that the petitioner had been appointed as a Driver in the respondent/corporation on and from March 2013 and his services were confirmed in October 2014. He was working in Polur depot. He claims that his brother attacked him and therefore, his left eye was damaged. He was treated in Thiruvannamalai Government Hospital and he claims that he has lost his vision and he cannot drive a bus with only one eye. He has given representation for an alternate employment.
3.
It was contended on behalf of the respondents that the injury suffered by the petitioner could be rectified by wearing spectacles. Neither the petitioner nor the court nor the respondents can take a decision on that aspect and the decision can be taken only by the medical board. 4.
The learned counsel for the petitioner stated that the petitioner had earlier appeared before the medical board for medical examination and the report is yet to be given.
5.
A direction is given that the petitioner must be examined by the medical board in the Government Hospital particularly with respect to the vision in his left eye and a specific report must be given as to whether the petitioner had suffered injury in the eye, whether such injury in the eye inhibits him from driving a bus and whether the petitioner could be protected under section 20 of the Right of Persons with Disabilities Act, 2016 and given an alternate employment. Based on the report being filed by the petitioner, the respondent may take decision.
6.
The petitioner shall appear before the Government Hospital, Thiruvannamalai, for medical examination and forward the report given by the medical board to the respondent. Such report must be produced by the petitioner within four weeks from the date of receipt of a copy of this order. Till the respondents take further decision, the services of the petitioner stands protected. With the above directions, this writ petition stands disposed of. No costs. 17-04-2025 nsd Index:Yes/No Speaking/Non-speaking order
To 1.The Managing Director Tamil Nadu Transport Corporation (VPM) Limited, 3/137 Salamedu, Vazuthareddy Post, Villupuram 605602.
2.The General Manager Tamil Nadu Transport Corporation (VPM) Limited, Thiruvannamalai Region, Vengikkal, Bypass road, Thiruvannamalai - 606 604.
C.V.KARTHIKEYAN J.
nsd 17-04-2025