Citation : 2026 Latest Caselaw 1403 Mad
Judgement Date : 18 March, 2026
W.P.(MD) No.6649 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.03.2026
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD) No.6649 of 2026
and
W.M.P.(MD) No.5491 of 2026
K.Gajendran ... Petitioner
Vs.
1.Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
Rep. by its Managing Director,
Kumbakonam.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
Trichy Region, Trichy. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Mandamus directing the respondents to forthwith
refer the petitioner to any Government Hospital to ascertain his physical
fitness to work as Driver and to provide him suitable alternative light duty
depending upon his health condition, on permanent basis in the first
respondent corporation and provide him all other attendant benefits
including continuity of service, pay protection and back wages from
18.01.2026 till the date of providing light duty in terms of Section 20(4)
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W.P.(MD) No.6649 of 2026
of the Rights of the Persons with Disabilities Act, 2016 within a time
frame that may be fixed by this Court.
For Petitioner : Mr.A.Rahul
For Respondents : Mr.S.C.Herold Singh
Standing Counsel
ORDER
This Writ Petition has been filed seeking issuance of a Writ of
Mandamus directing the respondents to forthwith refer the petitioner to a
Government Hospital to ascertain his physical fitness to work as a Driver
and to provide him with suitable alternative light duty depending upon his
health condition, on a permanent basis in the first respondent Corporation,
and to provide him with all other attendant benefits, including continuity
of service, pay protection and back wages from 18.01.2026 till the date of
providing light duty, in terms of Section 20(4) of the Rights of Persons
with Disabilities Act, 2016, within a time frame that may be fixed by this
Court.
2. Earlier, the matter came up for hearing before this Court on
12.03.2026 and the same was adjourned to enable the learned Standing
Counsel appearing for the respondent to get instructions.
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3. Today, when this matter was taken up for hearing, the learned
Standing Counsel appearing for the respondents fairly submitted that the
respondents have no objection to referring the petitioner to the Medical
Board and on receipt of the report of the Medical Board, to act upon the
same in accordance with law.
4. The learned counsel for the petitioner expressed apprehension
that in case the petitioner is referred to the Medical Board at Chennai, the
same is likely to take a longer time due to the pendency of various cases
before the Medical Board at Chennai and therefore, requested for a
direction to the respondents to refer the petitioner to any other Medical
Board in and around the place of working of the petitioner.
5. The learned Standing Counsel appearing for the respondents also
expressed that an appropriate direction may be issued for referring the
petitioner to any Medical Board.
6. In the light of the above, without going into the merits of the
matter, this Writ Petition is disposed of, directing the respondents to refer
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the petitioner to the Medical Board at Government Rajaji Hospital,
Madurai, within a period of one week from the date of receipt of a copy of
this order and to act upon the report of the Medical Board as soon as the
same is received and pass appropriate orders in accordance with law, duly
taking into consideration the provisions of the Rights of Persons with
Disabilities Act, 2016, in specific Section 20(4) of the Act. In case the
petitioner has any grievance regarding the non-payment of salary for any
period, the said issue is left open to be agitated by the petitioner
independently. No costs. Consequently, the connected Miscellaneous
Petition is closed.
18.03.2026
JEN
NCC : Yes / No
Index : Yes / No
Issue Order copy on 23.03.2026
To
1.The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.
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MUMMINENI SUDHEER KUMAR, J.
JEN
18.03.2026
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