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Judgment
D. Hariparanthaman, J.—The petitioner is working as a Conductor in the respondent Corporation from the year 1998. He is presently working as Conductor at Erode-I Branch, (Kasipalayam).
The petitioner states that, while he was on duty in bus bearing registration No. TN-33-N-1794, that was operated in the route Erode - Kovai, an accident took place at 2 am on 18.08.2008. Due to the accident, his left thigh bone and left knee bones were broken. It is stated that further cracks were developed in his right ankle and left chest bones and that an operation was performed in his left leg and a lengthy iron rod was fixed in the thigh portion and plates were fixed in the knee portion. Due to the accident, he was on medical leave from 20.08.2008 to 31.07.2009. He was sanctioned leave with salary for 103 days and for the rest of the period, leave was sanctioned on loss of pay.
When the petitioner reported to duty on 01.08.2009, he was given light alternative job from 01.08.2009 to 31.08.2009; 22.09.2009 to 21.10.2009; 25.10.2009 to 24.11.2009. After 24.11.2009, he was forced to go on the lines. The petitioner states that he was unable to work as Conductor. In this regard, the petitioner made a representation on 06.11.2009 to the District Collector seeking to grant him permanent lighter alternative office duty due to injuries suffered by him. The District Collector directed the first respondent to take appropriate action on the representation made by the petitioner. But, no action was taken by the respondents.
Hence, the the petitioner filed the present writ petition seeking for a direction to the respondents to grant permanent lighter alternative office duty.
Notice of motion was ordered on 26.04.2010.
Heard Mr. R. Natarajan, learned Counsel for the petitioner and Mr. M. Ravi Bharathi, learned Counsel for the respondent-Corporation.
The learned Counsel for the petitioner submits that the petitioner was under treatment for about one year. That is, accident took place on 18.08.2008, and after surgery and other treatments, he joined duty only on 01.08.2009. The learned Counsel for the petitioner states that the petitioner is a Graduate and also possess Typewriting Higher Grade qualification in Tamil and English. He further states that, the petitioner''s son is studying B. Tech. (I.T.) and his daughter is studying X standard. However he was sanctioned only leave for 103 days and for the other days, he suffered loss of pay, when he took treatment for one year. Though he was initially given light duty, the same was not continued after 24.11.2009. According to the petitioner he is entitled to protection u/s 47 of the Persons with Disabilities (Equal Opportunities, Protection or Right and Full Participation Act, 1995).
The learned Counsel for the respondents does not dispute that the petitioner was given light alternative job up to 24.11.2009. The learned Counsel for the respondents submits that the petitioner be directed to appear before Medical Board at Erode and if the Medical Board finds him that he is not suitable for the post of Conductor, he would be given in light duty permanently.
In these circumstances, a direction is hereby issued to the respondents to refer the petitioner to the Medical Board at Erode within a period of four weeks and thereafter on obtaining a report from the Medical Board, the respondents are directed to provide the petitioner light duty permanently in accordance with Section 47 of the Persons with Disabilities (Equal Opportunities, Protection or Right and Full Participation Act, 1995), if the Medical Board finds that the petitioner is not suitable to hold the post of Conductor due to the injuries suffered by him. The respondents are directed to complete the entire exercises within a period of four months from the date of receipt of a copy of this order. Till such time, the respondents are directed to provide light duty to the petitioner forth with.
The writ petition is disposed of with the above direction. No costs.