T.Murali (Driver) (12dr03662) v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/06/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA T.Murali ... Petitioner Vs

1. The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, Railway Station New Road, Kumbakonam..

2. The General Manager, Tamil Nadu State Transport Corporation (Kum) Limited,Karaikudi Region, Sivagangai District..

... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to refer the petitioner to the Medical Board at Government Hospital, Sivagangai District and on the basis of the report of Medical Board to allot alternate light weighted job permanently instead of Driver work, on the base of petitioner representation dated 30.03.2024 within a stipulated time fixed by this Court.

For Petitioner : Mr.K.Gokul, For Respondent : K.Ramaiah 1/5

ORDER

This writ petition has been filed for a mandamus to direct the respondents to refer the petitioner to the Medical Board at Government Hospital, Sivagangai District and on the basis of the report of Medical Board to allot alternate light weighted job permanently instead of Driver work, on the base of petitioner representation dated 30.03.2024 within a stipulated time fixed by this Court.

2.By consent, the writ petition itself is taken up for final disposal at the admission stage itself.

3.Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. The petitioner is working in the respondent corporation as a Driver and due to blood pressure, he suffered stroke on 12.04.2017 and after treatment, he sought alternative employment. However, the respondent referred him to the Medical Board, Sivagangai and the 2/5

medical board has given a report stating that the petitioner is unfit to work as a Driver. Subsequently, the respondent referred him to Regional medical board, Chennai in the year 2018. Pursuant to the report given by the medical board at Chennai, he was given with alternative employment.

5. The learned counsel for the petitioner submitted that on 14.03.2024, when the petitioner is about to attend duty, he was not allowed for work for 70 days. Therefore, he gave representation to the respondents to refer him to the medical board at Sivagangai. Since the said representation was not considered the petitioner is before this Court.

6. The petitioner has crossed the age of 40, the regular pattern of referring the individual, who has crossed the age of 40, would be to the medical board at Chennai or Madurai. Since the petitioner's place is at Sivagangai, it is appropriate to refer him to the Government Rajaji Hospital at Madurai.

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7. In view of the above, this writ petition is disposed of with a direction to the respondents to pass orders on the representation made by the petitioner on 30.03.2024, by referring the petitioner to the medical board within a period of two weeks from the date of receipt of a copy of this order. No costs.

28.06.2024 RR 4/5

R.N.MANJULA,J RR

ORDER

IN WP(MD) No.13953 of 2024 Date : 28/06/2024 5/5