T.P.Rangasamy v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.19366 of 2025 T.P. Rangasamy S/o. Periyasamy ... Petitioner Vs.

1. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Salaimedu Vazhutha Reddy, Villupuram, Tamil Nadu - 605 602.

2. The Dean Rajiv Gandhi General Government Hospital, Chennai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to give a Medical report of the petitioner to the 1st respondent as per the order of this Court passed in W.P. No.33089 of 2024 dated 04.12.2024 based on the petitioner's representation dated 13.03.2025.

For Petitioner : Mr. D. Babu Varadharajan For Respondents : Mr. M. Ashwin [for R1] Mr. P. Balathandayuthapani, Special Government Pleader [for R2]

O R D E R

The Writ petition is filed praying for a direction to the 2nd respondent to give a Medical report of the petitioner to the 1st respondent as per the order of this Court passed in W.P. No.33089 of 2024 dated 04.12.2024 based on the petitioner's representation dated 13.03.2025.

2. According to the petitioner, he had worked as a Reserve Category Driver in the 1st respondent's Corporation. He is affected by Paralysis and hence, he is not fit to drive the vehicle. The petitioner has taken treatment in various hospitals. He has become physically disabled and he is not in a position to drive the vehicle. Hence, he sought for alternative employment. As per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and in view of G.O. Ms. No.746, Transport dated 02.07.1981, the petitioner is seeking an alternative job with very same salary. On 02.12.2023, the petitioner made a representation to the

1st respondent, but the same was not considered. Hence, the petitioner filed a Writ petition before this Court in W.P. No.6108 of 2023 and the same was disposed of by giving direction to the 2nd respondent herein to depute a team of Doctors to examine the petitioner and to give a medical report on the disability factor to enable the 1st respondent to consider the petitioner's representation dated 02.12.2023. But till now, the medical report has not been issued. The petitioner has again made a representation dated 13.03.2025 before the 1st respondent. Hence the petition.

3. The learned counsel appearing for the petitioner would submit that the petitioner is a physically disabled person and he is not fit to do driver job and hence he seeks an alternative job, for which, he made a representation dated 02.12.2023 before the 1st respondent and the same was not considered. Hence the petitioner filed a Writ petition before this Court and this Court, vide order passed in W.P. No.33089 of 2024 dated 04.12.2024 directed the 2nd respondent herein to depute a team of Doctors to examine the petitioner within a period of six weeks from the date of receipt of a copy of the order and to give a medical report on the disability factor to enable the authorities to consider the petitioner's representation dated 02.12.2023. Further, the

petitioner was also directed to appear before the 2nd respondent on the date fixed by them and the 1st respondent was directed to consider the representation of the petitioner based on the medical report and to pass appropriate orders on merits within a period of two weeks.

4. It is further submitted by the learned counsel for the petitioner that as per the direction of this Court, the petitioner had also appeared before the 2nd respondent, but the medical report has not yet been issued by the 2nd respondent. The petitioner is suffering for his livelihood. Therefore, the petitioner has again made a representation dated 13.03.2025 before the 1st respondent. Hence, the present Writ petition may be allowed.

5. The learned counsel appearing for the 1st respondent Corporation would submit that based on the medical report, a decision will be made regarding alternative employment.

6. This Court heard and perused the materials available on record.

7. Without going into the merits of the case, this Court is inclined to

direct the 1st respondent to consider the representation of the petitioner dated 13.03.2025 and pass appropriate orders on merits and in accordance with law, based on the medical report of the 2nd respondent on the disability factor, within a period of two (2) weeks thereafter.

8. With the above directions, the Writ petition is disposed of. 28.05.2025 mjs Index : Yes / No Speaking order / Non-speaking order To

1. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Salaimedu Vazhutha Reddy, Villupuram, Tamil Nadu - 605 602.

2. The Dean Rajiv Gandhi General Government Hospital, Chennai.

T.V.THAMILSELVI , J.

mjs W.P.No.19366 of 2025

28.05.2025