A.P. Shah, C.J.

Heard Mr. R. Parthiban, learned counsel appearing for the appellant. The challenge in the appeal is to the order of the learned single Judge directing the appellant to give alternative employment to the respondent in view of the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act 1 of 1996) (hereinafter referred to as the ‘Disabilities Act’).

2. The respondent was originally employed as a driver in the Pallavan Transport Corporation. During the year 1985, he was transferred to the appellant Corporation with continuity of service and same conditions of service. It appears that in all State owned Transport Corporations including the appellant Corporation drivers are sent for eye checkup every year on attaining the age of 40 years. Based on that procedure the respondent was sent to eye checkup, and wherein he was referred to Medical Board. The Medical Board finally opined that the respondent was unfit for driving due to colour blindness. Based on the report of the Medical Board the respondent was discharged from service on 15.06.2004.

3. Learned single Judge following the