Mandamus for disabled employee's alternative employment becomes infructuous if provided continuously; prevent artificial service breaks via nearest medical board referrals.

ORDER

This writ petition has been filed seeking writ of mandamus to direct the respondents to provide permanent alternative employment with pay protection and continuity of service and all other attendant benefits, consequent upon the disability suffered by the petitioner, and sought for protection under Section 20 of the Rights of Persons with Disabilities Act 2016.

2. Having taken note of the nature of the prayer made in the writ petition, this Court directed the learned Standing Counsel Mr.S.C.Herold Singh, to get instructions in this aspect.

3. Today, when the matter taken up for further consideration, Mr.S.C.Herold Singh, placed before this Court, the written instructions dated 08.04.2026 received from the respondents which disclosed that the petitioner is now being provided alternative employment continuously, and therefore, the relief sought in the writ petition has become infructuous.

4. The learned counsel for the petitioner also fairly submitted that for the past 3 months, the petitioner is being provided with alternative employment as security guard and if the petitioner is continued without any breaking service or disturbance in the said post, he cannot have any grievance. However, he also expressed apprehension that the respondents are referring the petitioner to the Medical Board for examination repeatedly and on each and every occasion, the petitioner is constrained to spend considerable time to have examination by the Medical Board and thereby, an artificial break is being created in the service of the petitioner.

5. Considering the fact that the petitioner is already provided with alternate employment and the respondents have also agreed to continue the petitioner in the same employment, so long the petitioner continues to have the disability, practically the relief sought in the writ petition has become infructuous.

6. Accordingly, by placing on record the submissions made by Mr.S.C.Herold Singh, as noted above, the writ petition is disposed of. Further, it is made clear that in case if there is any necessity of referring the petitioner to the Medical Board for re-examination, the respondents shall refer the petitioner to the nearest Medical Board available to avoid any break in service of the petitioner and to avoid any loss of pay, etc.