T.Magesh v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN W.P.No.12633 of 2025 & WMP.Nos.14217 & 14221 of 2025 T.Magesh ... Petitioner -Versus1.The Managing Director, Tamil Nadu State Transport Corporation, Villupuram Region, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation, Cuddalore Region, Imperial Road, Cuddalore - 607 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus to quash the show cause notice vide Ka.Ku.No.D4568/268/D6/TNSTC/KaMa/2019 dated 12.09.2019 and Ka.Ku.No.D4716/247/D9/TNSTC/KaMa/2021 dated 27.01.2021 on the file of the second respondent as arbitrary, without jurisdiction and contrary to law and further direct the second respondent to 1) assign light duty to the petitioner with any break, 2) pay salary for the non-employment period and 3) to restore earned leave, sick leave and casual leave.
For Petitioner : Mrs.N.Beulah John Selvaraj For Respondents : Mrs.S.Pavithra, Standing Counsel
ORDER
The writ petition has been filed in the nature of a Certiorarified Mandamus seeking interference with the show cause notice dated 12.09.2019 and again dated 27.01.2021 issued by the second respondent and quash the same and direct the second respondent to assign light duty to the petitioner and pay salary for non employment period and to restore earned leave, sick leave and casual leave.
2. In the affidavit filed in support of this writ petition, it had been stated that the petitioner had been appointed as a driver under the second respondent in the year 2009 on daily wages and thereafter, his services were regularised on 30.05.2013. It is stated that he experienced seizure multiple times and also lost his consciousness.
3. This would only indicate that the petitioner is not fit to continue as driver and if during the course of driving the transport bus he gets affected by
seizure, it would be a source of danger to everybody concern. The respondents had granted him an alternate employment as helper but had restricted it to only to a limited period.
4. A direction is issued that the petitioner must continue to be assigned the duty of helper and the respondents may direct the petitioner to appear before the Medical Board to assess the disability of the petitioner within a period of two months from the date of receipt of a copy of this order. Depending on the report of the Medical Board, the respondents may take a decision to grant service and monetary benefits to the petitioner for the leave period.
5. The Writ Petition stands disposed of. Till the result of the Medical Board, no coercive action should be taken against the petitioner by the respondents and the petitioner shall continue to work as helper. No costs. Consequently, the connected miscellaneous petitions are closed. 17.04.2025 nl Index : Yes/No Speaking order/Non speaking order
C.V.KARTHIKEYAN, J.
nl To 1.The Managing Director, Tamil Nadu State Transport Corporation, Villupuram Region, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation, Cuddalore Region, Imperial Road, Cuddalore - 607 002.
17.04.2025