Madras High Court
R.Venkatesan vs The Management on 21 December, 2018
Author: S.Vimala
Bench: S.Vimala
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA
W.P.No.34120 of 2018
and W.M.P.No.39642 of 2018
R.Venkatesan ... Petitioner
Vs
The Management,
The Metropolitan Transport Corporation,
Rep.by its Senior Deputy Manager,
Pallavan Salai,
Chennai – 600 002. ... Respondent
For Petitioner : M/s.R.Y.George Williams
For Respondent : Mrs.Rajeni Ramadoss
Standing Counsel
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of
mandamus directing the respondents to continuously provide the light duty work which was
already given to the petitioner for the past 3 years such as in money collection section or in
ticket issue section or as security Guard in the office or any alternative light duty with pay
protection as per Section 47 of the persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 and based on the disability certificate given more than
seven times by the Medical Board to the petitioner till his superannuation.
ORDER
The petitioner is working as a conductor in the transport corporation. In the year 2016, he met with an accident and sustained injury and the petitioner was advised to do light duty. It is the claim of the petitioner that he is entitled to seek protection invoking Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 based on the medical board certificate. The grievance of the petitioner is that the petitioner http://www.judis.nic.in 2 is neither DR.S.VIMALA, J.
kst given light duty, not an order for examination by the medical board has been made. Hence, the petitioner has filed the present writ petition for appropriate relief.
2. Ms.Rajeni Ramadoss, learned Standing Counsel takes notice on behalf of the respondents and submits that already communication has been sent on 27.06.2018, asking the petitioner to appear before the medical board for examination.
3. Under the circumstances, the petitioner is directed to appear before the medical board within a week from the date of receipt of a copy of this order, and subject to the result of the medicatin examination given by the medical board, the respondent shall pass further orders within two weeks thereafter. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
21.12.2018 kst To The Management, The Metropolitan Transport Corporation, The Senior Deputy Manager, Pallavan Salai, Chennai – 600 002.
W.P.No.34120 of 2018 and W.M.P.No.39642 of 2018 http://www.judis.nic.in