WP(MD)/4780/2024 of S.Somasundaram (Staff No.12861) Vs The Managing Director - Madras High Court (Madras High Court)

W.P.(MD).No.4780 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED  : 01.03.2024
CORAM
 THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.4780 of 2024
S.Somasundaram
                            ... Petitioner
Vs
1. The Managing Director,
    Tamil Nadu State Transport Corporation (Tirunelveli) Ltd,
    23/2, Thoothukudi Road,
    V.M.Chathiram, Kattabomman Nagar,
    Tirunelveli District.
2. The General Manager,
    Tamil Nadu State Transport Corporation (Tirunelveli) Ltd,
    Vannarapet, Tirunelveli District.
3. The Assistant Manager,
    Tamil Nadu State Transport Corporation (Tirunelveli) Ltd,
    Tirunelveli 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 or recognized hospital enabling to 
assess his capacity and consequently direct the 1st respondent to provide the 
petitioner alternate employment based on the report, within the stipulated time 
fixed by this Court.
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W.P.(MD).No.4780 of 2024
For Petitioner
 :  Mr.   N.Shanmuga Selvam
For Respondents
 :  Mr.D.Jebaraj
    Standing Counsel  
ORDER
The present writ petition has been filed seeking a direction to the 
respondents  to refer the petitioner to the medical board or recognized hospital 
enabling to assess his capacity and consequently direct the 1st respondent to 
provide the petitioner alternate employment based on the report, within the 
stipulated time fixed by this Court.
2.By consent of both parties, considering the limited relief sought 
for by the petitioner, the Writ Petition is taken up for final disposal at the stage 
of admission itself.
3.Heard, the learned counsel appearing for the petitioner and the 
learned Government Advocate appearing for the respondents.  Perused the 
materials on record.
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W.P.(MD).No.4780 of 2024
4.The  petitioner  was  appointed  as  Driver  in  the  respondent 
Corporation.   While  so,  his  eye  was  affected  and  he  underwent  medical 
examination for his eye in the Agarwal Eye Hospital and as per letter, dated 
27.06.2023 he was diagnosed that he was unfit to drive the vehicle.  On that 
basis, he was permitted to go on medical leave.  Thereafter, he was not given 
with  any  other  alternative  work.   In  view  of  his  ailment  in  his  eye, the 
respondents has to be directed to refer him to the medical Board, so as to, 
provide  him  with  alternative  job.   Since  the  same  was  not  done  by  the 
respondents, this writ petition came to be filed.
5.In view of the same, the respondents are directed to refer the 
petitioner to Rajaji Medical College Hospital, Madurai to assess his incapacity, 
within a period of twelve (12) weeks, from the date of receipt of copy of this 
order.  Consequently, on the basis of the report received from the said Hospital, 
the first respondent is directed to provide him with alternative job, within a 
period of four (4) weeks, thereafter. 
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W.P.(MD).No.4780 of 2024
6.With the above direction, this writ petition stands disposed of. 
There shall be no order as to costs.  
 01.03.2024
NCC
 : Yes / No
Index  
 : Yes / No
Internet
 : Yes
PNM
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W.P.(MD).No.4780 of 2024
L.VICTORIA GOWRI, J.
                  
PNM
ORDER IN
W.P.(MD).No.4780 of 2024
01.03.2024
    
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