Petitioner driver sought alternative work after Medical Board declared him unfit following road accident. Court directed State Transport Corporation to assign alternative post within 12 weeks under Article 226 with no order as to costs.
Direct respondents to provide alternative work within twelve weeks based on Medical Board reports dated 31.05.2023 and 11.10.2023.
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W.P(MD)No.2218 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P(MD)No.2218 of 2024
Umapathi
... Petitioner
Vs.
Tamil Nadu State Transport Corporation (Kumbakonam) Limited,
Periyamelakuparai, Trichy Region, Trichy. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to give alternative work to the petitioner based on the Medical Reports of the first respondent dated 31.05.2023 and 11.10.2023.
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For Petitioner : Mr.N.Ananda Kumar
For Respondents : Mr.J.K.Jeyaseelan for R.1
Mr.K.Jagadeesh Balan Standing Counsel for R.2 & R.3
ORDER
The present writ petition has been filed seeking direction to the
respondent to give alternative work to the petitioner based on the Medical Reports of the first respondent dated 31.05.2023 and 11.10.2023.
corporation since 1997. Having completed nearly 26 years of service as a driver, up to 22.01.2020 in the respondent corporation, while he was serving in the Cantonment Branch, on 23.01.2020, he was unable to attend duty. Thereafter, on 01.12.2020, while the petitioner was standing on the road side at about 4.30 p.m, a TATA ACE pickup van had hit him resulting in fracture on his left hand. As a result, he was hospitalized for
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W.P(MD)No.2218 of 2024
several months and surgery was conducted on his left hand on 26.04.2021. The petitioner was thereafter unable to attend duty because of health condition. He was also suffering from breathing issues and cardiac issues. Since he was not able to continue his duty as a driver, he made a representation on 03.12.2022 seeking the respondents to provide alternative post considering his health condition. Since the same was not considered, he filed W.P(MD)No.28781 of 2022 and this Court vide order dated 22.12.2022, directed the respondents to consider the petitioner's representation within a period of six weeks. Pursuant to the same, the petitioner was directed to appear before the Regional Medical Board, Chennai while proceedings dated 22.03.2023. He duly appeared before the Medical Board on 31.05.2023 and medically examined and report was also issued on the same day observing that the petitioner is unfit to do the duty as a driver and he was also advised for re-assessment after three months and the same was also conducted on him. After four months, on 04.10.2023, even on re-assessment, he was declared unfit to continue as a driver by the said Medical Board. However, till now alternative job is not provided. In view of the same, the present writ petition came to be filed.
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W.P(MD)No.2218 of 2024
05.02.2024
NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA
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W.P(MD)No.2218 of 2024
L.VICTORIA GOWRI, J.
MGA
W.P(MD)No.2218 of 2024
05.02.2024
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2 issues framed by the court
Whether the petitioner directed to provide alternative employment following medical unfitness report
Whether direction to assign alternative work based on Medical Board reports within twelve weeks devoid of costs
1 provisions across 1 enactments
Umapathi
Chair Person, Regional Medical Board
Managing Director, Tamil Nadu State Transport Corporation
General Manager, Tamil Nadu State Transport Corporation
Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
