Saravanan.V v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Saravanan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to send the petitioner to Medical Board for medical examination, after that on the base of medical report to allot light duty work to the petitioner, on the base of the petitioner's representation dated 20.04.2023, within the time frame fixed by this Court. 1/4

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadeesh Balan Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to send the petitioner to Medical Board for medical examination, after that on the basis of medical report, allot light duty work to the petitioner on the basis of the petitioner's representation dated 20.04.2023, within the time frame fixed by this Court.

2. Heard the learned counsel on either side.

3. The petitioner was appointed as Driver in the respondent Corporation on 19.08.2008. On 27.09.2021, while in duty, he was affected by Covid-19 and further he suffered heart attack as a result. On 07.09.2021, he was admitted in a hospital and on 08.10.2021 he underwent bypass surgery. Following which he was not able to perform 2/4

the duty of driver. Hence, he approached the respondents to provide him with alternative job by considering his long period of service. However, the same was not heeded to and thereafter he made a representation to the respondents on 20.04.2023 seeking to refer him to the Medical Board for medical examination. Since the same was not considered, the present writ petition came to be filed.

4. Considering the limited scope of the relief sought for by the petitioner, this Court hereby direct the respondent Corporation to refer the petitioner to the Medical Board for medical examination on or before 11.03.2024.

5. Accordingly, this writ petition is allowed. There shall be no order as to costs.

05.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

L.VICTORIA GOWRI, J.

MGA To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.

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