Madras High CourtWP(MD)/2833/2018allowed

V.Karupiah @ Selvam, v. The Executive Officer,

2018-02-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.2833 of 2018 and WMP(MD)No.3006 of 2018 V.Karupiah @ Selvam ... Petitioner Vs.

The Executive Officer, Devathanapatti Town Panchayat, Periyakulam Taluk, Theni District.

... Respondent PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to refer the petitioner to Medical Board for reexamination either before the Medical Board of Madurai Rajaji Government Hospital or Medical Board of Chennai Rajiv Gandhi Government Hospital & Medical College as per the representation of the petitioner dated 25.12.2017.

For petitioner : Mr.K.Appadurai For respondent : Mr.M.Rajarajan

O R D E R

*********** By consent of both parties, the main writ petition is taken up for final disposal.

2.The petitioner is holding a substantive post of Sanitary Worker in the respondent/Panchayat. He is having a valid driving license. Now, vacancies have been arisen in the post of Driver in the same Panchayat. The petitioner being an in-service candidate is also entitled to be considered for being appointed as a Driver. However it appears that the Medical Board has given an opinion that the petitioner is not fit for working as a Driver. 3.Therefore, the petitioner wants his case to be referred to Medical Board for re-examination.

There is merit in the petitioner's request. Therefore, the respondent is directed to refer the petitioner to Medical Board of Chennai Rajiv Gandhi Government Hospital & Medical College, Chennai. Such reference https://hcservices.ecourts.gov.in/hcservices/

shall be made within a period of two weeks from the date of receipt of a copy of this order. Based on the report submitted by the said Medical Board, the petitioner's case for promotion as a Driver should be considered by the respondent.

4.This Writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-) + 1 CC TO Mr.K.APPADURAI, ADVOCATE IN SR No. 49181 KMI TE/SKN/SAR-1 : 24/07/2018 : 2P/2C WP(MD)No.2833 of 2018 and WMP(MD)No.3006 of 2018 16.02.2018 https://hcservices.ecourts.gov.in/hcservices/