Madras High CourtWP/12823/2015dismissed

K.Ravindran, v. Tamil Nadu State Transport,

2015-04-28Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.12823 of 2015 K.Ravindran ... Petitioner Vs.

1. Tamilnadu State Transport Corporation (Coimbatore ) Ltd.

Rep. by its Managing Director 37 Mettupalayam Road Coimbatore 641 043.

2 The General Manager TamilNadu State Transport Corporation (Coimbatore ) Ltd.

37, Mettupalayam Road Coimbatore 641 043.

3 The Branch Manager Corporation (Coimbatore ) Ltd.

Uppilipalayam Branch, Coimbatore 641 018.

4 The Chairman Regional Medical Board Coimbatore Medical College Hospital Coimbatore 641 018.

... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the Respondent Corporation to refer the Petitioner to the Medical Board in nearby district other than the 4th Respondent for obtaining a proper Medical opinion regarding the fitness of the petitioner to serve as conductor and to provide light duty to the petitioner till the receipt of the said review medical opinion from the Medical Board.

For Petitioner :

Mr.A.Suresh Sakthi Murugan For Respondents :

Mr.S.Muthuraj for TASMAC

ORDER

With the consent of both sides, this writ petition itself is taken up for final disposal.

2. Petitioner joined service as conductor. He involved in an accident while he was on duty on 27.06.2011. He underwent surgery. He sought for light duty under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. In this case, already he came before this court by filing W.P.No.29135/2014 with a similar request. This court passed an order dated 14.05.2014, directing the petitioner to appear before Medical Board at Coimbatore Medical College hospital for physical fitness examination. Accordingly, he appeared before the Medical Board. Medical Board consisting of three members issued a certificate dated 07.07.2014 that he is fit for conductor job and he suffered only 16% disability.

3. Thereafter, again the petitioner filed a W.P.No.27183/2014 complaining that first medical board did not properly give its opinion. In these circumstances, this court by order dated 14.10.2014, directed the petitioner to appear before the Medical Board where a different team of three Government Doctors of Coimbatore Medical College hospital examined the petitioner. Medical Board gave its opinion dated 12.01.2015, that he is fit for the job of conductor.

4. Now, the petitioner has filed this writ petition seeking to refer him again to the Medical Board to find his fitness. I am not inclined to do the same. This writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpr

1. The Managing Director Tamilnadu State Transport Corporation (Coimbatore ) Ltd.

37 Mettupalayam Road Coimbatore 641 043.