Madras High CourtWP(MD)/30776/2025disposed of

K.Anandhakumar v. The Tamilnadu State Transport Corporation (Kumbakonam) Ltd.

2025-10-31Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and WMP(MD)No.23953 of 2025 K.Anandhakumar ... Petitioner Vs.

1. The Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2. The General Manager, The Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region,Trichy.

3. The Branch Manager, The Tamilnadu State Transport Corporation (Kumbakonam) Ltd, Thuvarankurichi Branch, Trichy District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration declaring the action of the respondent in not giving alternative employment to the petitioner in any suitable post depending upon his health condition is illegal an contrary to 1/6

section 20(4) of the Rights of the Person with Disabilities Act 2016 and consequently direct the respondents to forthwith provide him suitable alternative employment on permanent basis at Manachanallur Branch as per the opinion of the Medical Board of Rajiv Gandhi Government General Hospital Chennai and Consultant Orthopedic Surgeon as Government institute of Rehabilitative Medicine K.K.Nagar Chennai - 600083 and by changing the nomenclature of the post of Driver held by him and post him in any suitable post with pay protection, continuity of service and back wages from the month of disengagement i.e., from December 2023 to till the date on which the petitioner is provided with alternative light duty as per Section 20(4) of the Rights of the Person with Disabilities Act 2016, within a time frame that may be fixed by this Court.

For Petitioner :Mr.A.Rahul, For Respondents : Mr.K.Ramaiah, Standing Counsel

ORDER

This Petition is filed to issue a Writ of Declaration declaring the action of the respondent in not giving alternative employment to the petitioner in any suitable post depending upon his health condition is illegal an contrary to section 20(4) of the Rights of the Person with Disabilities Act 2016 and consequently direct the respondents to 2/6

forthwith provide him suitable alternative employment on permanent basis at Manachanallur Branch as per the opinion of the Medical Board of Rajiv Gandhi Government General Hospital Chennai and Consultant Orthopedic Surgeon as Government institute of Rehabilitative Medicine K.K.Nagar Chennai - 600083 and by changing the nomenclature of the post of Driver held by him and post him in any suitable post with pay protection, continuity of service and back wages from the month of disengagement i.e., from December 2023 to till the date on which the petitioner is provided with alternative light duty as per Section 20(4) of the Rights of the Person with Disabilities Act 2016, within a time frame that may be fixed by this Court.

2. Heard the learned counsel on either side and perused the material available on record.

3. As early as in the year 2023, the petitioner had been declared to be unfit to continue the job of a Driver and thereafter, the petitioner had not been given any alternative employment. After such date, neither alternative employment had been made, nor the petitioner had been paid 3/6

any salary which is in violation of the provisions of the Rights of the Person with Disabilities Act 2016. The conduct of the respondents in failing to comply with the statutory provisions cannot be accepted.

4. In view of the same, there shall be a direction to the first respondent to forthwith pay the arrears taking into consideration last pay drawn by the petitioner and provide alternative appointment suitable to his health condition within a period of two weeks from the date of receipt of a copy of this order.

5. With the above observation, this Writ Petition stands disposed of. No order as to costs.

31.10.2025 Index:yes/No NCC:yes/No LS 4/6

1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam..

2. The General Manager, The Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region,Trichy.

3. The Branch Manager, The Tamilnadu State Transport Corporation (Kumbakonam) Ltd, Thuvarankurichi Branch, Trichy District.

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K.KUMARESH BABU,J LS WP(MD) No.30776 of 2025 31.10.2025 6/6