Madras High CourtWP(MD)/10448/2023disposed of

Stalin.B v. The Managing Director

2023-04-27Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN B.Stalin ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Karur Region, Karur.

3.The Branch Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Kulithalai Branch, Karur.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take necessary action on the basis of the petitioner's representation dated 30.01.2023 1/4

with regard to provide alternative employment as light duty in terms of section 47(1) of persons with Disabilities ( Equal opportunities, protection of rights and full participations ) Act 1955 and consequently direct the respondents to pay wages and all other attendant benefits for the period within a time limit as stipulated fixed by this Court.

For Petitioner : Mr.D.Anbarasu For Respondents : Mr.K.Jagadees Balan Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The petitioner is employed as Conductor in the respondent Corporation. His bus met with an accident. The petitioner suffered fracture in both the legs. He seeks alternative employment. He invokes his rights conferred under Section 20 of the Rights of Persons With Disabilities Act, 2016. The petitioner seeks conferment of light duty. According to him, he is no longer fit to act as Conductor. The second respondent is directed to refer the petitioner to Medical Board within a period of three weeks. Medical Board shall examine the petitioner and submit its report within a period of six weeks thereafter. Copy of the medical report shall be furnished to the petitioner. Based on the medical report, the second respondent will pass order on the 2/4

petitioner's representation. The entire exercise shall be completed within a period of ten weeks from the date of receipt of a copy of this order.

3. This writ petition is disposed of accordingly. There shall be no order as to costs.

27.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Karur Region, Karur.

3.The Branch Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Kulithalai Branch, Karur.

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G.R.SWAMINATHAN, J.

MGA 27.04.2023 4/4