Jegadeeswaran.T v. The Management
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD) No.4162 of 2021 T.Jegadeeswaran
...Petitioner
Vs.
1.The Management, Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Madurai Region, Byepass Road, Madurai.
2.The Management, Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its General Manager, Madurai Region, Byepass Road, Madurai.
3.The Branch Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Thirumangalam Branch, Madurai.
4.The Dean, Central Medical Board, Rajiv Gandhi Govt. Hospital, No.1, Opp.Central Railway Station, E.Ve.Ra.Periyar Salai, Park Town, Chennai-600 003.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the second respondent in Ref:Adm/A4/12041/2020 dated 16.02.2021, quash the same and consequently direct the respondents to provide alternative light duty to the petitioner on permanent basis in the Thirumangalam Branch of the first respondent Corporation with pay protection, other attendant benefits, continuity of service from 26.01.2021 within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.M.Xavier For R-1 to R-3 : Mr.J.Senthilkumaraiah Standing Counsel For R-4 : Mr.V.P.M.Vaishnavi Government Advocate 1/3
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The grievance of the petitioner is that he has a medical ailment of Old healed fracture a lateral malleolus of fibula (Left Side) and therefore, he has been requesting for light duty instead of being engaged as a Driver. In this connection, the petitioner was already subjected to examination twice by the medical board and the reports dated 13.02.2018 and 16.04.2019 have been produced before this Court.
3.The learned Senior Counsel for the respondents 1 to 3 submitted that as per the second report dated 16.04.2019, the petitioner has required for a re-assessment, after a period of six months. Therefore, the present impugned notice has been sent for re-medical examination. It is the further submission that the petitioner has now been allotted with light duty. The petitioner's request also seems to be the same.
4.Since both the parties agreed that the petitioner cannot be continued to be engaged as a Driver and that it would be appropriate to allot a light duty to the petitioner and by taking into account of the second medical report dated 16.04.2019 which recommends for a re-assessment after a period of six months, this Court is of the view that the petitioner should co-operate with the medical examination as recommended through the impugned letter of the first respondent dated 16.02.2021.
5.With the above observation, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
NOTE: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
CP To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Madurai Region, Byepass Road, Madurai.
2.The Dean, Central Medical Board, Rajiv Gandhi Govt. Hospital, No.1, Opp.Central Railway Station, E.Ve.Ra.Periyar Salai, Park Town, Chennai-600 003.
+1cc to MR.G.M.XAVIER ADVOCATE SR.NO.10857/2021 +1cc to M/S SPECIAL GOVERNMENT PLEADER, Sr.No.10221 and W.M.P(MD) No.4162 of 2021 GS (23.04.2021) 3P 5C 3/3