A public employer is mandated to consider and dispose of an employee's representation regarding continuous alternative employment and service benefits for medically unfit personnel within a reasonable timeframe, in accordance with applicable legal provisions.

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1^st respondent to provide the Petitioner back wages, continuity of service, all other attendant benefits from 05.12.2024 to 08.04.2025, 08.07.2025 to 04.09.2025, 27.11.2025 to 12.03.2026 along with the continuous alternative duty based on his representation dated 17.03.2026.

For Petitioner(s): Mr. S.R.Karthikeyan For Respondent(s): Mr. R. Balaji, Standing Counsel

ORDER

The present Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the 1^st respondent to provide the Petitioner back wages, continuity of service, all other attendant benefits from 05.12.2024 to 08.04.2025, 08.07.2025 to 04.09.2025, 27.11.2025 to 12.03.2026 along with the continuous alternative duty based on his representation dated 17.03.2026. 2. The learned counsel for the petitioner submitted that the petitioner, who was employed as a driver in the Respondent Transport Corporation, rendered medically unfit for active driver duty due to spinal problems, contends that the temporary alternative duty provided to him on a piecemeal basis (for merely 2 or 3 months a year, leaving him without employment for the remaining months) is illegal and directly violates the objective, scheme, and scope of the Rights of Persons with Disabilities Act, 2016. The petitioner contended that despite his disability being temporary, alternative duty must be provided continuously until the Medical Board officially confirms his fitness to resume his duties as a driver, as the current irregular arrangement severely affects his and his family's livelihood. Aggrieved by the absolute lack of response to his representation dated 17.03.2026, wherein he prayed for continuous alternative employment along with back wages, continuity of service, and attendant benefits for the periods he was unlawfully denied duty, the petitioner has been constrained to approach this Court.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the petitioner.

4. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing for both sides, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 17.03.2026 and pass appropriate orders, on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.