IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.04.2009 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.26008 of 2008 S.Vijaya Kumar .. Petitioner vs. 1.Metropolitan Transport Corporation (Chennai) Limited Rep. by its Managing Director Pallavan Illam, Anna Salai, Chennai – 600 002. 2.Metropolitan Transport Corporation (Chennai) Limited Rep. by its General Manager Pallavan Illam, Anna Salai, Chennai – 600 002. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondents, especially the second respondent to consider the petitioner's explanation dated 17.01.2008 submitted before the Joint Managing Director pursuant to his show cause notice made in Memorandum No.12609/Sa.Pi(O.Na)7/Ma.Po.Ka/2007 dated 01.01.2008 giving permissible light duty or permissible leave till restoration of his health after referring the petitioner to Medical Board consisting of team of Doctors, placing him on the same scale of pay, disbursing the same to the petitioner from November 2007. For Petitioner : Mr.A.Amal Raj For Respondents : Mr.C.Kanagaraj O R D E R The petitioner is a Conductor in the respondent – Corporation and he has been working from the year 1981 onwards. He had put in 26 (twenty-six) years of service. While he was on duty on 04.06.2007 in route No.D70, plying from Ambattur to Velacherry, he suffered severe heart pain and immediately he was taken to the Appasami Hospital at Velacherry. Thereafter, he took treatment as https://hcservices.ecourts.gov.in/hcservices/ in-patient at Deepam Hospital, Tambaram. Later, the respondents referred him to Vijaya Hospital, where he underwent by-pass surgery and there he was treated as in-patient from 12.06.2007 to 26.06.2007. The respondents paid him a sum of Rs.1,00,000/- (Rupees One lakh only) for the by-pass surgery under the Health Scheme. After taking complete rest for three months, he joined duty on 20.09.2007. The petitioner was given light duty from the date of his re-joining i.e. From 20.09.2007, based on the Medical Certificate issued by the Doctor, who performed the by-pass surgery. However, the respondents denied light duty from 11.11.2007 without any rhyme or reasons and the petitioner was asked to perform the duties of a Conductor. He was unable to attend duties as he was not given the light duty, which was given till 11.11.2007. 2.In these circumstances, the Joint Managing Director of the respondent – Corporation issued a show cause notice dated 01.01.2008 alleging that the petitioner was unauthorisedly absent from 06.12.2007. The petitioner submitted his explanation dated 17.01.2008 to the Joint Managing Director bringing to the notice of the above said facts and also requesting the respondents – Corporation to give him light duty and also refer him to the Medical Board to ascertain his fitness. 3.In the said situation, the petitioner has filed the present writ petition, praying for a direction to the respondents to refer him to the Medical Board to ascertain his fitness to perform the duties of a Conductor and to give him light duty, if the Medical Board opines that he could not do the work of a Conductor. 4.The learned counsel for the petitioner also relies on Section 47 of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995, in this regard. 5.The learned counsel for the respondent – Corporation states that they have no objection for referring the petitioner to the Medical Board to ascertain his fitness to perform the duties of a Conductor. It is further submitted by the learned counsel for the respondents that they require three weeks time for the said purpose. 6.In the said circumstances, it is suffice to direct the second respondent to refer the petitioner to the Medical Board within a period of three weeks from the date of receipt of a copy of this order to ascertain the fitness of the petitioner to perform the duties of a Conductor and if the Medical Board opines that the petitioner is unfit to perform the duties of a Conductor, the second respondent is directed to provide him alternative employment with pay protection, continuity of service and with all other benefits as provided under Section 47 of the Persons with Disabilities (Equal https://hcservices.ecourts.gov.in/hcservices/ opportunities, Protection of Rights and Full Participation) Act, 1995. The second respondent is directed to carry out the aforesaid exercise within a period of four months. The writ petition is disposed of accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar TK To 1.The Managing Director Metropolitan Transport Corporation (Chennai) Limited Pallavan Illam, Anna Salai, Chennai – 600 002. 2.The General Manager Metropolitan Transport Corporation (Chennai) Limited Pallavan Illam, Anna Salai, Chennai – 600 002. 2 cc To M/s.A.Amalraj, Advocate, SR.14502. W.P.No.26008 of 2008 KJ(CO) RVL 30.04.2009 https://hcservices.ecourts.gov.in/hcservices/