A. Mohandhas v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025
CORAM:
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1763 and 1764 of 2025 and WMP(MD).Nos.1257, 1258, 1260 and 1261 of 2025 A.Mohandhas .... Petitioner in both petitions Vs.
1.The Managing Director State Express Transport Corporation Tamil Nadu Ltd., Head Office, Pallavan Salai Chennai - 2 2.The General Manager (Admin) State Express Transport Corporation Tamil Nadu Ltd., Head Office, Pallavan Salai Chennai - 2 3.The Senior Deputy Manager (HRD) Human Resource Development Department State Express Transport Corporation Tamil Nadu Ltd., Head Office, Pallavan Salai Chennai - 2 1/5
4.The Branch Manager State Express Transport Corporation Tamil Nadu Ltd., Marthandam Branch Marthandam Post Kanyakumari District .....Respondents PRAYER in WP(MD).No.1763 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the third respondent in Letter No.50584/HR4/SETC/2016 dated 07.11.2024, quash the same as illegal, arbitrary and violation of Provision of Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and consequently direct the respondents to provide alternative job (light duty) as per the proceedings of the first respondent in Note No.050584/HR4/SETC/2016 dated 27.04.2017.
PRAYER in WP(MD).No.1764 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari calling for the records pertaining to the impugned memo issued by the third respondent in Ku.No. 865391/DL6/SETC/2024 dated 07.12.2024 quash the same as illegal, arbitrary and violation of Standing Orders of the Transport Corporation. (In both petitions) For Petitioner : Mr.Sathyasingh For M/s.M.Kavitha For Respondents : Mr.S.C.Herold Singh Standing Counsel 2/5
COMMON ORDER The instant writ petitions have been filed by a Senior Driver Cum Conductor working in the respondent transport corporation challenging the order passed by the third respondent herein on 07.11.2024 wherein the request of the petitioner for providing alternative light duty has been rejected. 2.A perusal of the impugned order reveals that the petitioner had not consented to appear before the Medical Board to assess his suitability for being employed as a Driver Cum Conductor. In view of the objection raised by the writ petitioner, the respondent transport corporation has passed the impugned order rejecting the request of the petitioner to provide alternative light duty. 3.On instructions, the learned counsel for the writ petitioner submits that the petitioner would appear before the Medical Board to assess his suitability to continue as Driver Cum Conductor.
4.In view of the above said submissions, this Court is inclined to pass the following orders.
a)The petitioner is directed to appear before the Medical Board in Rajiv Gandhi Government Medical College Hospital, Chennai to 3/5
assess his physical fitness to be employed as a Driver Cum Conductor.
b)On receipt of the report from the Medical Board, the respondent Transport Corporation shall proceed in accordance with law as per the medical report.
c)Till the Medical Report is received from the Board, the respondent corporation shall not proceed with the charge memo. 5.With the above said observations, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 22.01.2025 Index : Yes/No Internet : Yes/No NCC:
: Yes/No msa To The Medical Board Rajiv Gandhi Government Medical College Hospital, Chennai 4/5
R.VIJAYAKUMAR, J.
msa W.P.(MD)No.1763 and 1764 of 2025 and WMP(MD).Nos.1257, 1258, 1260 and 1261 of 2025 22.01.2025 5/5