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Madras High CourtWP/17240/2024disposed of

R.Raghuraman, v. The General Manager,

2024-07-02Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.19017 and 19018 of 2024 R.Raghuraman ... Petitioner Vs

1. The General Manager, Tamil Nadu State Transport Corporation, Villupuram Ltd., Villupuram - 605 602.

2. The Managing Director, Tamil Nadu State Transport Corporation, Villupuram Region, Villupuram - 605 602.

.... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, direct the first respondent to assign an alternate light work to the petitioner permanently by considering the petitioner's health and also disburse the salary from 16.03.2024 to till filing of Writ Petition, along with 24 percentage interest.

For Petitioner : M/s N.Beulah John Selvaraj For Respondents : Mr.R.Venkatesa Perumal Standing Counsel

ORDER

This writ petition has been filed for direction directing the first respondent to assign an alternate light work to the petitioner permanently by considering the petitioner's health and also disburse the salary from 16.03.2024 to till filing or Writ Petition, along with 24 percentage interest.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner had joined as a Driver in the year 1998. While being so, the petitioner suffered with abdominal pain. He was diagnosed with Tiny Renal Calculi Cystitis (Kidney Stone). Therefore, the petitioner was advised to take plenty of oral fluids. Once again, the petitioner was diagnosed with "Mesenteric Paniculities" "Hepatic Steatosis" "Bilateral renal Calyceal (tiny) Calculi". Therefore, he was unable to sit for more than 30 minutes. Subsequently, he was hospitalized from 10.07.2020. He had underwent laparoscopy surgery and thereafter, he was discharged from the hospital on 07.08.2020. Again, the petitioner was diagnosed

with "Mesenteric Paniculities" and advised to take rest. He was also certified that he is not fit enough to drive the bus. Therefore, the petitioner was given alternative employment till the month of March, 2024. The petitioner was also subjected for medical examination from time to time and he was given alternative employment. From the month of April, 2024 he was not given any alternative employment and as such, the petitioner submitted a representation.

4. Considering the above facts and circumstances of the case, the petitioner is directed to go before the Regional Medical Board, Rajiv Gandhi Government General Hospital, Chennai for medical examination and on the certificate to be issued by the Regional Medical Board, the respondents are directed to consider the same and provide alternative employment to the petitioner, for a period of one year and thereafter, consider the case of the petitioner for alternative employment subject to his fitness certificate to be issued by the authority concerned. It is made clear that the petitioner is liable to be subjected for medical examination once in a year.

5. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

02.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The General Manager, Tamil Nadu State Transport Corporation, Villupuram Ltd., Villupuram - 605 602.

2. The Managing Director, Tamil Nadu State Transport Corporation, Villupuram Region, Villupuram - 605 602.

G.K.ILANTHIRAIYAN. J, mn 02.07.2024