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Madras High CourtWP/29360/2025disposed of

M.Selvam v. The Managing Director

2025-08-07Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.32897 of 2025 M.Selvam ... Petitioner Vs.

1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, Salem-636 007.

2.The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, Salem-636 007.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to provide the petitioner with permanent alternative light duty employment changing his designation with pay protection, continuity of service and all other attendant benefits in the cadre equal to the post of Driver as per Section 20(4) of the Rights of persons with Disabilities Act 1/5

2016 based on the strength of the Medical Opinion dated 07.08.2024 given by the Regional Medical Board of Rajiv Gandhi Government General Hospital, Chennai For Petitioner : Mr.S.Girija For Respondents : Mr.K.Raja, Standing Counsel

ORDER

The present writ petition has been filed seeking a direction to the respondents to provide the petitioner with permanent alternative lightduty employment by changing his designation, with pay protection, continuity of service, and all other attendant benefits, in a cadre equivalent to the post of Driver, as per Section 20(4) of the Rights of Persons with Disabilities Act, 2016, based on the medical opinion dated 07.08.2024 issued by the Regional Medical Board of Rajiv Gandhi Government General Hospital, Chennai.

2. The learned counsel appearing for the petitioner would submit that the petitioner has 45% permanent disability and that the Regional Medical Board of Rajiv Gandhi Government General Hospital, Chennai has already certified him as unfit for the post of Driver. He further would 2/5

submit that though the respondents have assigned him light-duty, they keep frequently changing his assignments, direct him to submit repeated representation and during such periods, compel him to avail medical leave. Hence, the petitioner submitted a representation on 05.06.2025 seeking permanent alternative light-duty employment, which is still pending before the respondents.

3. At this juncture, the learned Additional Government Pleader appearing on behalf of the respondents would fairly submit that they will consider the petitioner's representation and pass final order within reasonable time.

4. In view of the above submission and without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 05.06.2025 and pass orders within a period of two (2) weeks from the date of receipt of a copy of this order, based on its own merits and in accordance with law.

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5. With the above directions, this Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 07.08.2025 rpl To 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, Salem-636 007.

2.The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, Salem-636 007.

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C.KUMARAPPAN , J.

rpl 07.08.2025 5/5