1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29/9/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR W.P.(MD)No.11278 of 2011 R.Ramasamy ... Petitioner Vs 1. The Managing Director Tamil Nadu State Transport Corporation (Madurai) Ltd Madurai. 2. The Tamil Nadu State Transport Corporation (Madurai) Ltd rep. By its General Manager Madurai Division Madurai. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to grant alternate employment to the petitioner like Helper, Storekeeper, etc., within a reasonable time. For petitioner... Mr.B.Jameel Arasu For respondent... Mr.T.S.Mohammed Mohideen,AGP ORDER Though the petitioner has sought for a mandamus directing the respondents to grant an alternate employment to him like Helper, Storekeeper, etc., such direction cannot be granted in the absence of any opinion from the competent Medical Board, assessing the extent of disability, suffered by the petitioner, in driving. 2. Pleadings and material on record disclose that the petitioner has met with an accident in 2009 and a consultant Rheumatologist, Government Rajaji Hospital, Madurai, in his letter dated 28/7/2011 has opined that, the petitioner is suffering from DJD & Osterities in both knee joints. According to the petitioner, he is on leave from 1/8/2011 and that he has already submitted a leave application to the Tamil Nadu State Transport Corporation (Madurai) Division. 3. Having regard to the averments made in the supporting affidavit and the certificate stated supra, a direction is issued to the second respondent/General Manager, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Division, Madurai, to examine the request of the petitioner for reference to a Medical Board and accordingly, take a decision, as expeditiously as possible. If the said authority arrives at a subjective satisfaction that reference to Medical Board is required, he shall make a request to the Hospital authorities, to constitute a Medical Board for physical examination of the petitioner and report, assessing his physical disability to drive. The above exercise shall be completed within a period of one month from the date of receipt of a copy of this order. The issue as to whether the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner is entitled to medical leave on the application submitted, shall also be considered, as per the service rules. 4. The writ petition is disposed of in the above terms. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Admn.) /TRUE COPY/ Sub Assistant Registrar To 1. The Managing Director Tamil Nadu State Transport Corporation (Madurai) Ltd Madurai. 2. The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd Madurai Division,Madurai. +1cc to Special Govt.Pleader SR.No.34375 W.P.(MD) No.11278 of 2011 mvs PA/19.10.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/