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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RMT. TEEKAA RAMAN, J.
S. Muthusami (Deceased) & Others – Appellants
Versus
The Tamilnadu State Transport Corporation, (Villupuram) Ltd., Villupuram & Another. – Respondent
Writ Petition No. 21285 of 2011
Decided On : 31-07-2023
Persons with Disabilities - Employment Rights - The Persons with Disabilities (Equal Opportunities Protection of Rights & Full Participation) Act 1995 - Section 47
Fact of the Case:
The petitioner, a conductor in the Tamil Nadu State Transport Corporation, was discharged on medical grounds and subsequently offered alternative employment as a helper. The petitioner challenged the discharge and sought continuous service benefits and pay protection under the Persons with Disabilities Act.
Finding of the Court:
The court found in favor of the petitioner, holding that the petitioner was entitled to alternative employment with pay protection under Section 47 of the Act. The court rejected the respondent's argument of estoppel and laches, emphasizing the statutory rights provided by the Act.
Issues: (i) Entitlement to alternative employment under Section 47 of the Act (ii) Estoppel from challenging alternative employment (iii) Dismissal of the writ petition on grounds of laches
Ratio Decidendi: The court relied on Section 47 of the Persons with Disabilities Act, which prohibits the discharge of an employee on medical grounds and mandates alternative employment with pay protection. The court also emphasized that there cannot be estoppel against the statute and that the petitioner's entitlement to benefits was not affected by laches.
Final Decision: The writ petition was allowed in its entirety, and the 1st respondent was directed to pay the petitioner's legal representatives the difference in pay and all other monetary benefits within eight weeks.
JUDGMENT
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertains to the order of the 1st respondent bearing Ref. No.22695/ Nee7/ ThaNaAPoKa (VeeKoo1)/97 dated 22.12.1998 in discharging the petitioner with effect from 22.1.1999 is illegal contrary to The Persons with Disabilities (Equal Opportunities Protection of Rights & Full Participation) Act 1995 arbitrary & violative of Article 14 and 16 of the Constitution of India and consequently direct the 1st respondent to treat the services of the petitioner as continuous one without any break in service and grant all the benefits that the petitioner is entitled to but for Medical de-categorisation on 22.1.1999 grant the petitioner all the consequential monetary and other attendant benefits with effect from the date of medical de-categorisation on par with his juniors.)
1. The original writ petitioner filed the above writ petition, challenging the order issued by the 1st respondent dated 22.12.1998 in discharging him from service with effect from 22.01.1998 on medical grounds as illegal, contrary to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act 1of 1996) (hereinafter in short, ''the Act'') and consequently to direct the 1st respondent to treat his services as continuous one without any break in service and grant all the benefits to which he is entitled to but for medical de-categorization on 22.01.1999, grant him all the consequential monetary and other attendant benefits with effect from the date of medical de-categorization on par with his juniors.
2. During the pendency of the above writ petition, the original first petitioner died due to illness on 17.01.2023 and the widow, the sons and daughters, were brought on record as per the orders of this Court dated 28.03.2023 made in WMP No.9196 of 2023 in WP No.21285 of 2011.
3. The service matrix of the 1st petitioner that are necessary for determination of this case are as under
| Date | Event |
| 20.06.1986 | Deceased petitioner S.Muthusamy joined the services of TNSTC Ltd as Conductor on daily wages basis in Kancheepuram Branch. |
| 09.05.1997 | By order dated 01.05.1997, the deceased petitioner was brought under the monthly cadre and posted to work in Chidambaram Branch. |
| 22.02.1993 | Deceased petitioner was confirmed in service. |
| 01.02.1993 | Deceased petitioner was promoted as Senior Conductor. |
| 30.06.1996 | While in employment, when deceased petitioner was riding a two wheeler at about 10.30AM, he met wit an accident nea Karuvelpalankurichi when a public transport bus dashed against the deceased. The deceased petitioner suffered injuries in forehead, abdomen, right ankle joint, patella (right knee), nose and upper lip, loss of six teeth. |
| 25.09.1997 | The 1st respondent asked the deceased petitioner to appear before Medical Board on 29.09.1997 with all relevant medical records. |
| 05.11.1997 | Medical Board after examining the deceased petitioner gave opinion to the effect that he is not fit for the post of Conductor. |
| 29.10.1998 | Pursuant to Medical Board's opinion, the 1st respondent issued a show cause notice as to why the deceased petitioner should not be discharged from service on medical grounds and sought his explanation. |
| 04.11.1998 | The deceased petitioner submitted his reply seeking for an alternative employment. |
| 21.01.1998 | The 1st respondent corporation issued final order discharging the deceased petitioner from service. |
| 02.02.1999 | The deceased petitioner sent representation seeking alternative employment. |
| 10.05.1999 | The 1st respondent Corporation relying on G.O.Ms.No.1387, Transport Dept. issued and order provisionally selecting the decea |
Section 47 of the Persons with Disabilities Act mandates alternative employment with pay protection for employees found unfit for their current position due to medical reasons.
The central legal point established in the judgment is the mandatory protection provided to employees acquiring disability during service under Section 47 of the Persons with Disabilities Act, and th....
An employee who acquires a disability during service cannot be dismissed; they must be accommodated in suitable employment as per the law.
The central legal point established is that under disability rights acts, an employee who acquires a disability during service should be provided with equal alternative employment without reduction i....
The definition of disability under the Persons with Disabilities Act must be strictly adhered to, and delays in challenging administrative actions can bar relief.
The termination of an employee based on medical unfitness is contrary to the protections established under disability laws, requiring adjustments or supernumerary positions for disabled employees.
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