An employee certified as medically unfit for their primary role due to disability is entitled to permanent suitable alternative light duty under the Rights of Persons with Disabilities Act, 2016.

ORDER

This Writ Petition has been filed for the following reliefs:-

“Directing the respondent to provide Suitable alternative light duty on permanent basis to the Petitioner in the cadre equal to the post of Driver with pay protection, continuity of service and all other attendant benefits as per Section 20 (4) of the Rights of persons with Disabilities Act, 2016.”

Brief facts:

2. The petitioner has been serving as a Driver in the respondent Corporation since 2008. In the year 2021, he was diagnosed with secondary arthritis affecting his hands. Despite his medical condition, he continued to discharge his duties as a Driver, which resulted in a deterioration of his health. Subsequently, he was diagnosed with psoriatic arthritis/polyarthritis affecting both hands, rendering him physically unfit to perform driving duties.

3. In view of his medical condition, the petitioner had submitted several representations requesting the respondent Corporation to refer him to the Medical Board for assessment of his disability and to assign him suitable light duty. As the said representations were not considered, the petitioner was constrained to file W.P. No. 37824 of 2025 before this Court. This Court by order dated dated 03.10.2025, had directed the respondent Corporation to refer the petitioner to the Medical Board within period of two weeks and to pass appropriate orders regarding assignment of light duty within a period of six weeks from the date of receipt of the Medical Board's opinion.

4. Pursuant to the said order, the Medical Board at Rajiv Gandhi Government General Hospital examined the petitioner and certified that he was suffering from polyarthritis and was medically unfit to perform the duties of a Driver. However, despite this medical report, the respondent Corporation has been assigning the petitioner only temporary light duty for short durations, instead of permanently accommodating him in a suitable light-duty post. Therefore, the petitioner is before this Court.

5. Heard the learned counsel on either side and perused the records.

6. The Medical Report dated 11.12.2025 is extracted below as follows:-
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7. A perusal of the above would clearly show that the petitioner is unable to discharge his duties as a Driver.

8. Therefore, in view of the medical report certifying that the petitioner is unfit to perform the duties of a Driver, the respondents are directed to assign the petitioner suitable light duty permanently within a period of 6 weeks from the date of receipt of a copy of this order.

9. Accordingly, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

25-06-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SHR