S.Saravanan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-04-2025
CORAM
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN S.Saravanan, S/o.Seetharaman.
Petitioner Vs.
1. The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd, Villupuram - 605 602.
2.The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd, Thiruvannamalai Region, Thiruvannamalali - 604 407.
3.The Branch Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd, Vandavasi - 2 Depot, Thiruvannamalali Region, Vandavasi - 604 408.
Respondents PRAYER: This writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to refer the petitioner to the medical board for assessment by considering the petitioner's representation dated 27.03.2025.
For Petitioner(s):
Ms.S.Balamuki For Respondent(s):
Mrs.S.Pavithra, Standing Counsel (TNSTC) for R1 and R2.
ORDER
The writ petition has been filed in the nature of a Mandamus seeking a direction against the second respondent to refer the petitioner to Medical Board to assess the injuries suffered by him. Petitioner had given a representation on 27.03.2025.
2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had been working as a Conductor under the respondents. On 04.04.2024, at around 7.00 PM, when he was going from his residence to report for duty, a group of stray dogs ran into the Motor Cycle of the petitioner causing him to lose balance and suffer injuries. He had been admitted to Vandavasi Government Hospital. He was then referred to Chengalpattu Hospital. He was then admitted to Karpaga Vinayaga Hospital. It is stated that he had suffered multiple injuries in the left eye socket and jaw and they were both fractured and a plate had been inserted. Another plate had been fixed in the left leg. The left
hand knee was also injured. The respondents had given him alternate work for a period of three months and thereafter, they had stopped it. I am not able to understand the rationale behind the same. The respondents are aware of the nature of the injuries suffered by the petitioner. It must be visible to the naked eyes. There cannot be grant of an alternate work for a period of three months and thereafter stopping it without ascertaining the medical condition of the petitioner.
3.A direction is given to the respondents to continue with the alternate work provided for the petitioner and that it should not be stopped. The respondents may direct the petitioner to appear before the Government Hospital at Tiruvannamalai and the petitioner may obtain a comprehensive report regarding the injuries suffered by him and the nature of the treatment afforded to him and the ability or disability to perform normal duties. The said report may be furnished by the petitioner before the respondents. The respondents may thereafter provide alternate work to the petitioner. The petitioner is protected by Sections 16 & 20 of the Persons with Disabilities Act and cannot
be ousted from service. The service of the petitioner should continue till he attains the age of superannuation or till he takes a decision to voluntarily retire from service. A duty is cast on the respondents to provide alternate work to the petitioner depending on the nature of the assessment by the Medical Board. 4.The writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petitions, if any, are also closed. 25-04-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes
To
1. The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd, Villupuram - 605 602.
2.The General Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd, Thiruvannamalai Region, Thiruvannamalali - 604 407. 3.The Branch Manager, Tamilnadu State Transport Corporation (Villupuram) Ltd, Vandavasi - 2 Depot, Thiruvannamalali Region, Vandavasi - 604 408.
C.V.KARTHIKEYAN J.
sli W.P. No. 15027 of 2025 25-04-2025