[Cites 2, Cited by 0]
Madras High Court
The Managing Director vs R.Kannan on 17 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.A(MD)No.363 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.363 of 2026
and
C.M.P(MD)No.3341 of 2026
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
Kumbakonam.
2.The General Manager,
The Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
Kumbakonam.
3.The Branch Manager,
The Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
Thanjavur Town II Branch
Thanjavur. ... Appellants/Respondents
vs.
R.Kannan ... Respondent/Writ Petitioner
1/5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 05:17:22 pm )
W.A(MD)No.363 of 2026
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order dated 21.11.2023 made in W.P(MD)No.25232 of 2023.
For Appellants : Mr.K.Ramaiah
For Respondent : Mr.C.K.Chandrasekkar
JUDGMENT
[Judgment of the Court was made by N.SATHISH KUMAR, J.)
Challenging the order of the learned Single Judge allowing the Writ
Petition in W.P. (MD) No. 25232 of 2023, the Management of the Tamil Nadu
State Transport Corporation has filed the present writ appeal.
2. The writ petition was filed by a Driver working in the Transport
Corporation, seeking a direction to provide alternative light duty due to a
disability incurred during his service. According to the writ petitioner, he
acquired a vision disability in the year 2020 and, therefore, could not continue as
a Driver. Medical certificates issued by the Rajiv Gandhi Government General
Hospital, Chennai, state that he is unfit to drive. Considering Section 20(4) of the
Rights of Persons with Disabilities Act, 2016, the learned Single Judge directed
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 05:17:22 pm )
the respondents to appoint the petitioner as a Security Guard on day duty, with
pay protection and all other benefits. It was further directed that the period from
04.09.2023 shall be treated as “duty period” with all attendant benefits.
Challenging the same, the Transport Corporation has filed the present writ appeal.
3.It is not in dispute that the writ petitioner acquired a vision disability and
was subjected to medical examination by the Medical Board constituted by the
Rajiv Gandhi Government General Hospital, Chennai. Section 20(4) of the Rights
of Persons with Disabilities Act, 2016 makes it clear that no Government
establishment shall dismiss or reduce in rank an employee who acquires a
disability during service. The provision further states that if an employee, after
acquiring disability, is not suitable for the post he was holding, he shall be shifted
to some other post with the same pay scale and service benefits. It also provides
that if it is not possible to adjust the employee against any post, he may be kept in
a supernumerary post until a suitable post is available or until he attains the age of
superannuation, whichever is earlier. Therefore, the provision mandates that, in
the event no post is available to accommodate such an employee, a
supernumerary post must be created, and the employee shall be retained without
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 05:17:22 pm )
any reduction in pay. In view of the above, we do not find any merit in the writ
appeal, and it is liable to be dismissed.
4. Accordingly, the writ appeal is dismissed. No costs. Consequently, the
connected Miscellaneous Petition is closed.
[N.S.K.,J.] [M.J.R.,J.]
17.03.2026
NCC : Yes / No
Index : Yes / No
am
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 05:17:22 pm )
N.SATHISH KUMAR,J.
and
M.JOTHIRAMAN,J.
am
ORDER MADE IN
DATED : 17.03.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 05:17:22 pm )
