S.Kirubanandan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-09-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
1. S.Kirubanandan STM, TR 30116 S/o.V.Sadagopan, Door No.15, Serva Nagar, ITI Puthur, Vengikkal, Thiruvanamalai - 606 604.
Petitioner(s) Vs
1. The Managing Director Taminadu State Transport Corporation(VPM) Ltd, 3/137 Salamedu, Thiruvannamalai Region, Valuthareddy Post, Villupuram - 605 602 2.The General Manager, Taminadsu State Transport Corporation (VPM) Ltd, Thiruvannamalai Region, Thiruvannamalai - 606 604.
3.The Deputy Manager (Personnel) Tamil Nadu State Transport Corporation (VPM) Ltd, Thiurvannamalai Region,
Tiruvannamalai - 606 604.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent to provide a suitable alternative employment in the respondent corporation without affecting the petitioners scale of pay by taking into account of his physical disability by referring the petitioner to the medical board to ascertain his disability, in the light of the Section 20 of the Rights of Persons with Disabilities Act, 2016 by following the Letter No.26053/ADMIN 4/TNSTC(VPM)/T.V Malai/2016 dated 15.05.2017 within a time frame to be fixed by this Court. For Petitioner(s):
Mr.V.S.Jagadeesan For Respondent:
Ms.S.Pavithra Standing Counsel For TNSTC
ORDER
The present writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent Corporation to provide suitable alternative employment to the petitioner without affecting his scale of pay, by referring him to the Medical Board to ascertain his disability, in terms of Section 20 of the
Rights of Persons with Disabilities Act, 2016, and in line with proceedings dated 15.05.2017.
2. Heard Mr.V.S.Jagadeesan, learned counsel for the petitioner and Ms.S.Pavithra, learned Standing Counsel for the respondent/Corporation.
3. The facts of the case are that the petitioner, a physically handicapped person with 50% disability, was appointed as Junior Tradesman in the respondent Corporation under the quota for differently abled persons. Though he sought alternative light duty on account of his disability, the same was not considered. Earlier, this Court passed an order in W.P.No.18017 of 2014, directing the respondents to consider the request of the petitioner. Pursuant thereto, by proceedings dated 15.05.2017, the Corporation stated that alternative employment would be decided after the petitioner's appearance before the Medical Board. However, no steps were taken in spite of repeated representations of the petitioner, including the one dated 31.01.2024, Hence, the petitioner is constrained to move the present writ petition.
4. Considering the facts and circumstances of the case and in view of the limited prayer sought for in this writ petition, this Court, without going into the merits of the matter, directs the 1 st respondent to consider and pass orders on the representation submitted by the petitioner dated 31.01.2024 on its own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. In fine, the writ petition stands disposed of. However, there shall be no order as to costs.
02-09-2025 kak Index:Yes/No Speaking/Non-speaking order To
1. The Managing Director Taminadu State Transport Corporation(VPM) Ltd, 3/137 Salamedu, Thiruvannamalai Region, Valuthareddy Post,
Villupuram - 605 602 2.The General Manager Taminadsu State Transport Corporation (VPM) Ltd, Thiruvannamalai Region, Thiruvannamalai - 606 604.
3.The Deputy Manager (Personnel) Tamil Nadu State Transport Corporation (VPM) Ltd, Thiurvannamalai Region, Tiruvannamalai - 606 604.
A.D.JAGADISH CHANDIRA, J.
kak W.P.No.33099 of 2025 02.09.2025