IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 25.11.2025 PRONOUNCED ON : 28.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE T.VINOD KUMAR W.P.No . 9135 of 2019 and W.M.P.No . 9653 of 2019 K.Sampath .. Petitioner vs

1.Metropolitan Transport Corporation Ltd., rep. By its Managing Director, Pallavan Salai, Chennai-2.

2.Senior Deputy Manager (HR)

Metropolitan Transport Corporation Ltd., Pallavan Salai, Chennai -2.

3.The Dean Rajiv Gandhi Government General Hospital, Chennai -3.

… Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents 1 and 2 to provide the petitioner forthwith suitable alternative employment on permanent basis, in commensurate with his health condition, based on the report submitted by the 3^rd respondent/Region Medical Board and based on the examination made by them on 02.11.2018, with pay protection, continuity of service, back wages and all other attendant benefits w.e.f. 30.07.2015, after adjusting the salary already paid to him during the broken spells in which they provided him light duty and also to restore his medical leave and earned leave when he was forced to surrender in order to get salary during August, September and November 2018.

For Petitioner : Ms.H.Nandhini for Mr.V.Ajoy Khose For Respondents : Mr.C.Gauthamaraj for R1 and R2 Government Advocate Mr.E.Sundaram for R3 Government Advocate

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents and perused the materials available on record.

2. The case of the petitioner in brief is that he was appointed in the services of the first respondent as driver on 18.10.1991; that on 29.07.2015 while going home after attending duties at 12 mid night, he had met with an accident and was in hospital from 30.07.2015 to 06.08.2015; and that he had taken treatment at his house thereafter.

3. It is the further case of the petitioner that on account of the injuries sustained by him in the accident, he was unable to perform his duties as driver and accordingly, approached respondents and submitted representation/application on 08.07.2016 seeking alternate employment; that the respondents by its letter dated 09.09.2016 called upon the petitioner to rd appear before the Medical Board of the 3 respondent Hospital on 14.09.2016 at 10.00 a.m.; and that on the petitioner appearing before the rd Medical Board, the 3 respondent addressed a communication dated 14.09.2016 to the second respondent certifying that the petitioner is temporarily unfit for the post of driver; and that the respondents by considering the aforesaid certificate, provided him with alternate employment to work in the post of Helper (Non-ITI) for a period of 6 months at a time without any change in his current designation.

4. It is further contended by the petitioner that the respondent extended the alternate employment provided to the petitioner for a tenure of six (6) months from 31.05.2017 till 01.08.2018; and that thereafter he was not provided with alternate employment.

5. The petitioner contended that as the respondent did not continue his alternate employment even though he was not fit to discharge his duties as Driver, despite seeking continuation of his alternate employment, he had submitted a representation; that in response to the same, respondents directed him to appear before the Medical Board on 02.11.2018; and that on the petitioner appearing before the medical Board, the respondent No.1 continued him in his alternate employment.

6. It is the further case of the petitioner that as the respondent 1 and 2 thereafter did not provide him alternate employment from 01.03.2019 he had approached this Court by the present writ petition; and that respondents provided him again with alternate employment only from June 2021 and continued him in alternate employment till he attained the age of superannuation and retiring from service on 30.06.2023.

7. It is co