Rasamurthy.P v. Tamilnadu State Transport Corporation (Kumbakonam) Limited
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.2687 of 2024 P.Rasamurthy ... Petitioner Vs.
1.The Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.
2.The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.
... 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 forthwith refer the petitioner to any Medical Board of Government Hospital to ascertain his medical fitness to work as Driver and to provide him suitable alternative employment with pay protection, continuity of service and back 1/7
wages from the date of disengagement i.e., from 01.08.2023 to till the date on which he is provided with alternative light duty as per Section 20(4) of the Rights of the Persons with Disabilities Act, 2016 within a time frame that may be fixed by this Court.
For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Jegadeesh Balan, Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents to forthwith refer the petitioner to any Medical Board of Government Hospital to ascertain his medical fitness to work as Driver and to provide him suitable alternative employment with pay protection, continuity of service and back wages from the date of disengagement i.e., from 01.08.2023 to till the date on which he is provided with alternative light duty as per Section 20(4) of the Rights of the Persons with Disabilities Act, 2016 within a time frame that may be fixed by this Court.
2/7
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner was appointed as reserve driver in the 1st respondent Corporation with effect from 06.07.2013 and further on 08.06.2016, he was brought to the category of daily paid driver. Thereafter, he was confirmed with effect from 01.05.2017. During August 2021, the petitioner was admitted at Ariyalur Government Medical College Hospital and was diagnosed that he is suffering from Basilar Artery Thrombosis, which is a devastating form of stroke with high morbidity and mortality. That apart, one Dr. Tamil Selvan, Chief Civil Surgeon of Kilpauk Medical College Hospital, vide certificate, dated 23.05.2023 has certified that the petitioner is suffering from chronic Vertigo and Vertebrobasilar insufficiency as well. Hence, he was advised by the doctor that he should switch over his job from driver to any other alternative duty as his driving was not only unsafe for the petitioner but also to 3/7
the public. Hence, the petitioner requested for light duty by submitting two representations dated 08.08.2023 and 03.10.2023 in person to the 2nd respondent. Since the same was not considered, the present writ petition came to be filed by the petitioner seeking direction to the respondents to refer the petitioner to any Medical Board of Government Hospital to ascertain his medical fitness to work as driver.
4. Heard, the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. Perused the materials available on record.
5. When the matter was taken up for hearing, the learned Standing Counsel submitted that unless and until he is medically assessed by a competent Medical Board, that is, by the Medical Board at Rajiv Gandhi Government College Hospital, Chennai, the question of providing an alternative job to the petitioner would not arise. 4/7
6. In view of his submissions, I hereby direct the respondents to forthwith refer the petitioner to any Medical Board of Government Hospital to ascertain his medical fitness for the purpose of working as Driver within a period of four
(4) weeks from the date of receipt of a copy of this order. Thereafter, on receipt of the medical certificate, the respondents are directed to consider the petitioner's representation and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of the medical certificate.
7. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 08.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml 5/7
To 1.The Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.
2.The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.
6/7
L.VICTORIA GOWRI, J.
Sml 08.02.2024 7/7