Disposed

B.P.Kumar, Depot Driver No. v. the General Manager

Madras HC29 Jan 2018WP(MD)/1113/2018

Case brief

AI extract

What is this about?

This writ petition concerned an employee driver who suffered vision defects and sought alternate duty with salary protection since June 14, 2017. The Madurai Bench of the Madras High Court directed the employer to refer the petitioner to a medical board within one week and allot suitable alternative employment with due pay protection if certified unfit.

What did the court decide?

Directed first respondent to refer petitioner to medical board within one week; if unfit, allot alternative employment with pay protection.

B.P.Kumar, Depot Driver No. Vs the General… — Pension and Retirement Benefits | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 29.01.2018

¶4

CORAM :

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶6

W.P(MD)No.1113 of 2018 and WMP(MD)No.1168 of 2018

¶7

B.P.Kumar ... Petitioner

¶8

Vs. 1.The General Manager, TNSTC Nagercoil Region, Rani Thottam, Nagercoil-1, Kanyakumari District.

¶9

2.The Branch Manager, TNSTC Nagercoil, Marthandam Branch, Marthandam Post, Kanyakumari District. ... Respondents

¶10

Prayer : This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to allot the alternate work (other duty) instead of driver and pay the monthly salary from 14.06.2017 onwards and consequently pay the monetary benefits to the petitioner as eligible by the service rules.

¶11

For Petitioner : Mr.P.Thirumahilmaran For Respondents : Mr.K.Sathiyasingh

¶12

ORDER

¶13

The writ petitioner was appointed as a driver in the respondent corporation. The case of the writ petitioner is that his vision is became defective and that therefore he must be given an alternative employment. Till date, the writ petitioner has not been referred to medical board by the first respondent. The grievance of the writ petitioner is that he has not been given any alternative duty nor any salary from 14.06.2017 onwards.

¶14

2.Considering the urgency of the matter, the first respondent is directed to refer the petitioner for undergoing the medical test before the concerned medical board. Such a reference shall be made within a period of one week from today. The first https://hcservices.ecourts.gov.in/hcservices/ respondent shall obtain appropriate report from the said medical board immediately thereafter. If the medical board certifies

¶15

¶16

that the petitioner is medically unfit, the respondents shall allot a suitable alternative employment to the writ petitioner with due pay protection and other benefits as conferred by law.

¶17

3.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

¶18

Sd/-

¶19

Assistant Registrar(CS-I)

¶20

/True Copy/

¶21

Sub Assistant Registrar

¶22

¶23

1.The General Manager, TNSTC Nagercoil Region, Rani Thottam, Nagercoil-1, Kanyakumari District. 2.The Branch Manager, TNSTC Nagercoil, Marthandam Branch, Marthandam Post, Kanyakumari District. +1cc to M/S.P.Thirumahilmaran, Advocate SR.No. 44413 +1cc to M/S.K.Sathiyasingh, Advocate SR.No. 44948

¶24

W.P(MD)No.1113 of 2018 and WMP(MD)No.1168 of 2018 29.01.2018 SKM JM/SKN RSK/SAR 2/30.01.2018/2P/5C

¶25

https://hcservices.ecourts.gov.in/hcservices/

B.P.Kumar, Depot Driver No. v. the General Manager

Case brief

What is this about?

What did the court decide?

B.P.Kumar, Depot Driver No. v. the General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

G.Thenmozhi, W/O.R.Kalimuthu, Vs Tamilnadu Gneration and

K.Mani, Vs the Principal Secretary to

K.Kumaran, S/O.Kulanthai Vs the Secretary to Govt.

Sivasubramanian Vs the Principal Accountant

Tvl.Vadivel Pyrotechs Pvt. Ltd. Vs the Assistant Commissioner(Ct)

Tvl.Vadivel Pyrotechs Pvt. Ltd. Vs the Assistant Commissioner(Ct)