Madras High CourtWP(MD)/4844/2019disposed of

J.Vincent, S/O.Joseph, v. The General Manager,

2019-03-25Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.4844 of 2019 and WMP(MD)No.3854 of 2019 J.Vincent ... Petitioner Vs.

The General Manager, Tamil Nadu State Transport Corporation (Kum) Ltd, Kumbakonam Region, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance a writ of Certiorarified Mandamus call for records relating to the impugned order passed by the respondent in Letter No.103/Papi-E5/TNSTC (Kum)/2019 dated 22.01.2019 and quash the same as illegal and consequently, to direct the respondent to retain the petitioner in his present duty as Security in the respondent office.

For Petitioner : Mr.SP.Vijay Nivas For Respondent : Mr.D.Sivaraman

ORDER

This writ petition has been filed seeking to quash the order passed by the respondent in Letter No.103/Papi-E5/TNSTC (Kum)/2019 dated 22.01.2019 and consequently, to direct the respondent to retain the petitioner in his present post as Security in the respondent's office.

2.The case of the petitioner is that while on duty as Conductor, due to an accident, he sustained grievous injuries, due to which, he was referred to the Medical Board for providing alternate light work. Based on the Medical Board's certificate, the petitioner was provided with an alternative work as Security on 19.06.2017. Again, the petitioner is now referred to the Medical Board, by the impugned order, for assessing his disability. Aggrieved over the same, the petitioner is before this Court. 3.According to the learned Counsel for the petitioner, referring the petitioner for the second medical examination by the impugned order is arbitrary and illegal and the same is liable to be quashed.

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4.The learned Standing Counsel appearing for the respondent submit0ted that in order to ascertain the present fitness of the petitioner, he has been referred to the Medical Board and there is no need to interfere with the order impugned herein. Hence, he prayed for dismissal of the writ petition. 5.Considering the nature of the injuries and the disability, sustained by the petitioner, this Court finds no infirmity or irregularity in the proceedings issued by the respondent, referring the petitioner for second medical examination. Hence, the petitioner is disentitled to get any relief in this writ petition.

6.In the result, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) dsk To The General Manager, Tamil Nadu State Transport Corporation (Kum) Ltd, Kumbakonam Region, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.

+1CC TO MR.SP.VIJAY NIVAS, Advocate Sr. No.56882 +1CC TO MR.D.SIVARAMAN, Advocate Sr. No. 56398 WP(MD)No.4844 of 2019 25.03.2019 TR (29.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/