B.Ramesh v. Metropolitan Transport Corporation (Chennai) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH B.Ramesh S/o.Baskaran ... Petitioner Vs.

1. Metropolitan Transport Corporation (Chennai) Ltd., Rep. by its Managing Director, Pallavan Illam, Pallavan Salai, Chennai - 2.

2. The General Manager, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai - 2.

3. The Metropolitan Transport Corporation (Chennai) Ltd., rep. by its Senior Deputy Manager (HR) Pallavan Salai, Chennai - 2.

4. The Branch Manager, The Metropolitan Transport Corporation (Chennai) Ltd., Chrompet-I Depot.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to 1/4

provide the petitioner suitable alternative employment on permanent basis is commensurate with his health condition with continuity of service, pay protection, back wages and other service benefits and to treat the entire period from 21.01.2021 till date during which he was not given light duty as duty with pay for all purposes and award costs. For Petitioner : Mr.S.Sakthivel For Respondents : Mr.A.Vinothraja Standing Counsel [R1 to R4] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent corporation to provide light duty to the petitioner commensurate with his health condition.

2. The case of the petitioner is that he joined the respondent Corporation as a conductor. The petitioner was suffering a medical condition and therefore, he made a representation to the respondent corporation seeking for allotting lighter job to the petitioner. The petitioner was referred to the Medical Board and the petitioner appeared before the Medical Board on more than two occasions. 2/4

3. The grievance of the petitioner is that the petitioner has not been provided with lighter job and it is kept pending and in the mean time, the salary of the petitioner has not been paid from 11.06.2024.

4. Learned Standing Counsel appearing on behalf of the respondent Corporation submitted that the claim made by the petitioner is now pending before the Special Committee and that a decision will be taken within the time stipulated by this Court.

5. Taking into consideration the facts and circumstances of the case and the nature of grievance expressed by the petitioner and also the submission made by learned Standing Counsel appearing on behalf of respondents, there shall be a direction to the third respondent to take a decision with respect to allotment of light duty to the petitioner based on the recommendation of the Special Committee within a period of four (4) weeks from the date of receipt of a copy of this order.

6. The wages payable to the petitioner shall also be settled within a period of four (4) weeks.

3/4

N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

29.10.2024 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Pallavan Salai, Chennai - 2.

2. The General Manager, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai - 2

3. The Senior Deputy Manager (HR), Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai - 2

4. The Branch Manager, The Metropolitan Transport Corporation (Chennai) Ltd., Chrompet-I Depot.

4/4