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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, G.ARUL MURUGAN, JJ
G. Suseentharan – Appellant
Versus
Tamil Nadu State Transport Corporation – Respondent
JUDGMENT :
G.ARUL MURUGAN, J.
All these three intra-court appeals are directed against the common order dated 02.07.2024 passed in two Writ Petitions viz., W.P.Nos.139 of 2022 and 33952 of 2023.
2. The writ petitioner had preferred W.A.No.301 of 2025 insofar as the salary was denied and the Transport Corporation had preferred W.A.Nos.435 and 436 of 2025 insofar as the writ petitions were allowed.
3. All these three appeals are disposed of by this common order.
4. The parties will be referred to as per the ranking in W.A.No.301 of 2025.
5. The appellant writ petitioner who was appointed as a driver in the first respondent Corporation at Anthiyur Depot, while in service, suffered from blurred vision in his left eye. Since there was difficulty in driving the bus, he got his eyes tested wherein he was diagnosed with “Rhegmatogenous Retinal Detachment” in the left eye and he was advised for a surgery. Due to his ailment in the eye, he had submitted an application seeking for an alternative employment.
6. However, charge memo dated 22.12.2021 came to be issued for absenting from the work and a second charge memo also came to be issued on 05.08.2022 for having got the employment by not disclosi
An employer is mandated to provide alternative employment with pay protection to an employee who acquires a disability during service, as per the Rights of Persons with Disabilities Act, 2016.
The court established that the acceptance of monetary benefits under duress does not preclude the right to seek alternative employment under the Rights of Persons with Disabilities Act, 2016.
An employee who acquires a disability during service cannot be dismissed; they must be accommodated in suitable employment as per the law.
(1) Disability acquired during service – There is distinction between persons suffering from disability and persons who have acquired disability during service – When a disability is acquired in cour....
The court emphasized the duty of the respondents to identify a suitable post for accommodating the petitioner under the relevant legislation for persons with disabilities.
Point of Law - Article 21 protects the right to livelihood as an integral facet of right to life. When an employee is afflicted with unfortunate disease due to which, when he is unable to perform the....
Retrospective retirement on medical grounds is illegal; employees' family members are entitled to alternative employment under the Rights of Persons with Disabilities Act, 2016.
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