V. Amuthavasan (Staff No. 16cr162) v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.30568 of 2024 V.Amuthavasan ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No. 27, Railway Station New Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kum) Limited, Nagapattinam Region, Velipalayam, Nagapattinam.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to provide the petitioner an alternative light duty after sending him to any Medical Board to ascertain his disability, in the light of section 20 of the Rights of Persons with Disabilities Act, 2016 and on the basis of the petitioners representation dated 22.11.2024 and provide him salary for the period in which duty was not given by the respondents.

For Petitioner : Mr.SP.Vijay Nivas For Respondents : Mr.K.Ramaiah Standing Counsel 1/4

ORDER

The instant writ petition has been filed by a Conductor working in the respondent Transport Corporation seeking a mandamus to provide alternative light duty after referring him to Medical Board to ascertain his disability.

2. According to the learned Counsel appearing for the writ petitioner, the petitioner has suffered Cardiac Arrest and he has been taking treatment at Chennai and the Doctors have advised him not to do any heavy work. Therefore, the petitioner has given a representation on 22.11.2024, requesting the respondent Transport Corporation to provide him any alternative light work after referring him to the Medical Board.

3. In view of the above said facts, the respondent Transport Corporation is directed to refer the petitioner to Government Medical College Hospital, Thanjavur District to ascertain his fitness to perform his duties as a Conductor within a period of four weeks from the date of receipt of a copy of this order. On receipt of the report from the Medical Board, the respondent authorities are directed to consider the representation of the petitioner and give him suitable light work based upon the medical report within a period of two weeks thereafter.

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4. With the above said observations, this writ petition is disposed of. No costs.

18.12.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No. 27, Railway Station New Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kum) Limited, Nagapattinam Region, Velipalayam, Nagapattinam.

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R.VIJAYAKUMAR , J.

gvn W.P.(MD)No.30568 of 2024 18.12.2024 4/4