Madras High Court
R.Velu vs The General Manager on 18 June, 2024
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.32605 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2024
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.32605 of 2023
and W.M.P.Nos.32189 and 32190 of 2023
R.Velu .. Petitioner
Versus
1. The General Manager,
Tamil Nadu State Transport Corporation,
Villupuram Ltd,
Villupuram - 605 602.
2. The Managing Director,
Tamil Nadu State Transport Corporation,
Villupuram Region,
Villupuram - 605 602. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
pleased to issue a Writ of Certiorarified Mandamus to quash the order of the
1st respondent vide proceedings vide Ka.Ku.39/489/Nee7/TNSTC(V)/2020,
dated 29.08.2023 is illegal incompetent and without jurisdiction and further
to direct the 1st respondent to assign an alternate work to the petitioner's
without any break and also disburse the salary from 14.01.2023 to
01.09.2023 (nine months) along with 24% interest.
For Petitioner : Mr.J.Joseph Stalin
For Respondents : Mrs.Pavithra,
https://www.mhc.tn.gov.in/judis
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W.P.No.32605 of 2023
Standing Counsel
ORDER
This Writ Petition is filed seeking to quash the proceedings of the first respondent, dated 29.08.2023 and further to direct the first respondent to assign an alternate work to the petitioner without any break and also disburse the salary from 14.01.2023 to 01.09.2023 (nine months) along with interest at 24% per annum.
2. The case of the petitioner is that the petitioner joined service in the respondent Corporation as a Driver with effect from 30.06.2017. While so, in the year 2020, he was diagnosed with the following diseases :-
1. L3-L4 level : Diffuse disc bulge with central protrusion causing bilateral neural foraminal stenosis. Mild facet joint arthrophathy and ligamentum flavum thickening.
2. L4-L5 level : Diffuse disc bulge with posterocentral protrusion causing bilateral neural foraminal and spinal canal stenosis and compressing bilateral traversing and exiting nerve root. Mild facet joint arthrophathy and ligamentum flavum thickening noted.
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3. Screening T2 sagittal whole spine images shows postero-central disc protrusion at C5-C6 and C6-C7 level causing thecal sac indentation.
3. Thereafter, he underwent a spine surgery on 07.11.2020. Since he felt constant pain in his back and was unable to bend and since there was also numbness in his left leg, he made a representation on 02.12.2020 for alternate employment. Thereafter, the petitioner was assigned Helper duty. While so, the petitioner was again referred to the Regional Medical Board on 28.06.2021. When the petitioner was making a representation to permit him to continue in the said job of Helper, once again the petitioner was referred to the Regional Medical Board and on 16.03.2023, the Regional Medical Board found that the disability was 46% and it recorded that the petitioner is not fit for being a Driver. Under these circumstances, the impugned order is passed assigning the petitioner to the job of Conductor and the petitioner was directed to obtain a Conductor license. Challenging the said order, the petitioner is before this Court.
4. It is the contention of the petitioner that when the petitioner is unfit for the post of Driver on account of the ailments, the same ailments will https://www.mhc.tn.gov.in/judis 3/6 W.P.No.32605 of 2023 prevent the petitioner from working as Conductor also. He has to climb up and down the bus and also move in the moving bus which is impossible because of his medical condition. When the matter is taken up for hearing, this Court passed a detailed order on 03.04.2024. Since the petitioner underwent spine surgery on account of the diseases in lumbar vertebrae in L3, L4 and L5, the respondents were directed to refer the petitioner to the Medical Board and that the respondents shall decide depending on the report of the Medical Board. Accordingly, as per the interim direction, the petitioner was directed to appear before the Regional Medical Board, Rajiv Gandhi General Hospital, Chennai and upon the petitioner appearing before the Board on 05.06.2024, the Medical Board examined him and found that as on date, the disability was 60% and that he was not fit for the job.
5. In view thereof, it is for the respondent Corporation to consider the said report and allot a suitable lighter job for the petitioner. It goes without saying that salary, if any due to the petitioner, shall also be paid to the petitioner.
6. This Writ Petition is allowed on the following terms :-
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(i) The respondents shall consider the report of the Medical Board, dated 05.06.2024 and pass appropriate orders allotting such suitable lighter job to the petitioner;
(ii) It goes without saying that the salary, if any due for the interregnum period, shall also be paid to the petitioner;
(iii) There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
18.06.2024 Neutral Citation : no grs To
1. The General Manager, Tamil Nadu State Transport Corporation, Villupuram Ltd, Villupuram - 605 602.
2. The Managing Director, Tamil Nadu State Transport Corporation, Villupuram Region, Villupuram - 605 602.
https://www.mhc.tn.gov.in/judis 5/6 W.P.No.32605 of 2023 D.BHARATHA CHAKRAVARTHY, J.
grs W.P.No.32605 of 2023 and W.M.P.Nos.32189 and 32190 of 2023 18.06.2024 https://www.mhc.tn.gov.in/judis 6/6