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2016 Supreme(Mad) 51
IN THE HIGH COURT OF MADRAS MADURAI BENCH
D. Hari Paranthaman, J.
R. Surilivel - Appellant
Vs.
The State of Tamil Nadu and Ors. - Respondents
W.P. (MD) No. 2 of 2016
Decided On: 05.01.2016
Advocate Appeared:
For the Appellant: T. Lajapathi Roy
For the Respondents: S. Sadeskumar, Additional Govt. Pleader
The court emphasized the obligation of the respondent to provide suitable employment and protect the pay of the petitioner under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Headnote:
Injury - Employment - Persons with Disabilities - Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - [Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995] - The court directed the respondent Transport Corporation to provide the petitioner with a cleaner job in any of the canteens and to protect his pay. The respondent was also directed to refer the petitioner to the Medical Board to ascertain his fitness to work as a helper in the Technical Section (Mechanical Shed) if he is not posted as a cleaner in the canteen or as a sweeper in other places. If the Medical Board finds that the petitioner cannot do the work as a helper in the Mechanical Shed, he shall be retained in the canteen or as a sweeper in other places.
Fact of the Case:
The petitioner, employed as a Cleaner/Server, suffered head injury while working in the Mechanical Shed and sought a direction to provide light work with protection of scale of pay based on a medical certificate.
Finding of the Court:
The court directed the respondent to provide the petitioner with a cleaner job in any of the canteens and to protect his pay. The respondent was also directed to refer the petitioner to the Medical Board to ascertain his fitness to work as a helper in the Technical Section (Mechanical Shed) if he is not posted as a cleaner in the canteen or as a sweeper in other places. If the Medical Board finds that the petitioner cannot do the work as a helper in the Mechanical Shed, he shall be retained in the canteen or as a sweeper in other places.
Issues: Employment suitability, medical fitness, and alternative job placement.
Ratio Decidendi: The petitioner's fitness to work in different roles was to be determined by the Medical Board, and the respondent was directed to provide suitable employment based on the medical assessment.
Final Decision: The writ petition was disposed of with directions for the respondent to provide suitable employment and protect the petitioner's pay, and to refer the petitioner to the Medical Board for fitness assessment.
D. Hari Paranthaman, J.
1. The petitioner was employed as a Cleaner/Server in the respondent Corporation from 09.06.1990 onwards. While he was working in the Mechanical Shed in 2010, he suffered head injury. He was admitted on 11.11.2010 in Perundurai Medical College & Hospital, Perundurai Santorium and a surgery was performed on 20.11.2010 and discharged on 26.11.2010. Again he was admitted on 17.08.2012 and he was discharged on 22.08.2012, as he suffered pain. While so, he was given light duty for a while and thereafter he was asked to work in the Mechanical Shed.
2. According to him, initially he was appointed as cleaner in the canteen and thereafter he was transferred to Depot wherein no canteen was available and he was asked to work as helper in the Mechanical shed. The work in the mechanical shed involves heavy duty, while the work as cleaner in the canteen is not that strenuous like the work in the mechanical shed.
3. The petitioner filed a writ petition in W.P.(MD)No.20415 of 2013 seeking for a direction to refer him to the Medical Board to ascertain his fitness to work as a helper in the mechanical shed. If the petitioner is found not fit, he shall be given alternative employment as per Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Court has passed an order dated 17.12.2013 in W.P.(MD)No.20415 of 2013 directing the Medical Board, Government Rajaji Hospital, Madurai to ascertain as to whether he is fit to discharge his duties as cleaner. The Medical Board of the Government Rajaji Hospital, Madurai, gave its opinion dated 25.03.2014 that he could not do the work as a conductor. Hence, he was again referred to the Medical Board pursuant to the modified order of this Court to ascertain as to whether he is fit to do the work of a cleaner. This time, the Medical Board found him fit to perform his duties as cleaner in its report dated 13.01.2015. After this order, he was asked to work in the Mechanical shed wherein it involves heavy duty. Hence, the petitioner fell seriously ill. He was referred to the Perundurai Medical College & Hospital, Perundurai, which is owned by the Transport Corporation. The said hospital gave its report dated 18.08.2015 directing to give light work.
4. In these circumstances, the petitioner has approached this Court by filing the present writ petition, seeking for a direction to provide light work with protection of scale of pay based on the certificate issued on 18.08.2015 issued by Perundurai Medical College & Hospital.
5. Heard both sides.
6. The learned counsel for the petitioner has submitted that initially the petitioner's appointment was a cleaner in the canteen and whenever he was transferred to other places wherein there was no canteen, he was asked to work as helper in the Mechanical Section, i.e., he was asked to work as helper in the Mechanical shed.
7. The learned counsel for the petitioner has submitted that the petitioner suffered injuries while he was working in the mechanical shed of the Transport Corporation and he sustained head injuries and he underwent surgery.
8. According to the learned counsel for the petitioner, the Medical Board of the Government Rajaji Hospital, Madurai, initially found that the petitioner was not fit to do the work of Conductor and proceeded as if he was a conductor in the Transport Corporation.
9. Thereafter, according to the learned counsel for the petitioner, when he was referred to the Medical Board, the Medical Board took him as cleaner. If he is a cleaner either in the canteen or as sweeper in other places, the same is not arduous. But if he is posted in the mechanical shed, he could not discharge his duties due to his health condition. Hence, Perundurai Medical College & Hospital, Perundurai, gave the report dated 18.08.2015 to give light work.
10. On the other hand, the learned counsel for the Transport Corporation has submitted that since the Medical Board of the Rajaj
