Chinnathambi K v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA K.Chinnathambi ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to provide the petitioner an alternative light duty, in the light of Section 20 of the Rights of Persons with Disabilities Act, 2016 and on the basis of the medical report given by the Regional Medical Board, Rajiv Gandhi Government Hospital, Chennai, within the stipulated time to be fixed by this Court.

For Petitioner : Mr.P.Vijaynivas For Respondent : Mr.K.Ramiah 1/5

O R D E R

By consent of both the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed for issuance of Writ of Mandamus, seeking direction against the respondent to provide the petitioner an alternative light duty, as per Section 20 of the Rights of Persons with Disabilities Act, 2016 and on the basis of the medical report given by the Regional Medical Board, Rajiv Gandhi Government Hospital, Chennai.

3. Heard Mr.P.Vijaynivas, learned counsel for the petitioner and Mr.K.Ramiah, learned counsel for the respondent.

4. Mr.P.Vijaynivas, learned counsel for the petitioner submitted that the petitioner is working as a Driver in the respondent Corporation and he has got visual impairment based on the medical board opinion. He was given with alternative light duty engagement as Security from 31.10.2020 to 31.10.2023. Again the petitioner was sent to the medical board on 31.01.2024. According to the petitioner in the said medical examination also he was certified to have suffered with blindness and that he was unfit for driving. However, the report of the 2/5

medical board is not available on file.

5. The petitioner has not produced any medical report. Even according to the submission made by Mr.P.Vijaynivas, learned counsel for the petitioner, the medical opinion would be sent directly to the first respondent.

6. Hence, the first respondent shall take a call in accordance with the medical opinion obtained by him after ascertaining whether the petitioner was referred to the Board as per the order dated 31.01.2024 and pass appropriate orders.

With the above direction, this Writ Petition is disposed of. No costs.

18.04.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam.

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R.N.MANJULA, J.

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