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2026 Supreme(Online)(Mad) 47450
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
R.Panneselvam – Appellant
Versus
Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd. – Respondent
W.P.No.16492 of 2026|W.P.No.16497 of 2026|W.P.No.16499 of 2026
For the Appellants/Petitioners: S.P.Vijay Nivas
For the Respondents: S.Pavithra
The Court mandated that employees seeking alternative employment due to post-recruitment medical conditions must undergo an assessment by a Government Medical Board to qualify for protections under the Rights of Persons with Disabilities Act, 2016.
Headnote:The present petitions concern employees who, having sustained injuries post-employment, sought permanent alternative employment with pay protection under the Rights of Persons with Disabilities Act, 2016. The petitioners alleged that their representations regarding medical advisories against performing heavy physical work, such as driving, remained unaddressed by the employer. The core issue before the court was whether the respondent has a mandatory duty to accommodate employees seeking alternative employment due to disabilities acquired during service. The court reasoned that in accordance with the spirit of the legislation regarding the rights of disabled persons, a professional medical evaluation by a Government Medical Board is necessary to determine the severity and nature of the limitations to facilitate appropriate alternative placement. The Court disposed of the petitions with a direction to obtain a medical report within four weeks, mandating that if medical severity is confirmed, alternative employment must be provided, during which time the employment status shall remain undisturbed.
| Table of Content |
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| 1. petitioners seek alternative employment due to physical disability under statutory provisions. (Para 1 , 2) |
| 2. court directs medical board assessment to determine necessity for alternative employment. (Para 3 , 4) |
COMMON ORDER
These writ petitions are filed for the below relief:
“directing the respondent to provide the petitioners a permanent alternative employment with pay protection and continuity of service and all other attendant benefits on par with other employees, in the light of Section 20 of the Rights of Persons with Disabilities Act, 2016 by considering their representations dated 06.02.2026, 03.10.2025 and 21.11.2025 respectively.”
2. The case of the petitioners is that the petitioners joined service as Drivers in the respondent Corporation. Between the year 2016 and 2024, the petitioners met with an accident, due to which the Doctors advised them not to do any heavy work like driving. Seeking an alternative light duty, the petitioners approached the respondent and have given detailed representations dated 06.02.2026, 03.10.2025 and 21.11.2025. Since the same have not been considered the present writ petitions have been filed.
3. Heard the learned counsel on either side and perused the materials available on record.
4. Considering the limited relief sought for by the petitioners, this Court directs the petitioners to appear before the Board of the Rajiv Gandhi Government General Hospital, Chennai for medical examination and based on the report of the Medical Board, if it is found that that the petitioners are suffering from severity, they shall be provided with alternative employment. The aforesaid said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. Till then, the respondent shall not disturb the petitioners.
With the above directions and observation, these writ petitions are disposed of. No costs.
