Madras High CourtWP(MD)/12934/2023disposed of

Govindan R v. Tamilnadu State Transport Corporation (Madurai) Ltd

2023-06-05Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.10960 of 2023 R.Govindan ... Petitioner Vs 1.Tamil Nadu State Transport Represented by its Managing Director, Madurai.

2.The General Manager, 3.The Branch Manager, Mofussil North Branch, Bypass Road, ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to refer the petitioner to the Medical Board of any Government Hospital to ascertain the petitioner's fitness to drive buses and to provide him suitable alternative employment with pay protection, continuity of service and back wages payable from the date on which the petitioner was denied duty due to eye defect to till the date on which the petitioner is provided with alternative employment as per section 20(4) of The Rights Of Persons with Disabilities Act, 2016. For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Ramaiah Standing Counsel

ORDER

Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent Corporation.

2. The petitioner is working as Driver in the respondent Corporation. He is said to have developed defect in his vision. He seeks alternative employment.

3. I therefore direct the respondent management to refer the petitioner to the medical board within a period of four weeks from the date of receipt of a 2/4

copy of this order. The duly constituted medical board will examine the petitioner and submit its report to the management within a period of six weeks thereafter. The medical board shall furnish the petitioner with a copy of the report. Based on the report of the medical board, the management will take a decision regarding giving suitable alternative employment to the writ petitioner. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 05.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Managing Director, Madurai.

2.The General Manager, 3/4

G.R.SWAMINATHAN, J.

MGA 3.The Branch Manager, Mofussil North Branch, Bypass Road, and W.M.P(MD)No.10960 of 2023 05.06.2023 4/4