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2026 Supreme(Online)(Mad) 80996
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mummineni Sudheer Kumar, J
M. Thiruvenkadam – Appellant
Versus
Tamilnadu State Transport Corporation (Villupuram) Ltd – Respondent
WP No. 31780 of 2026
Important Points
Subject
Employment Law - Medical Unfitness and Alternative Employment
Act Referred
Headnote
Issues: Whether the petitioner, found medically unfit for driving, should be continued in light duty and referred to a Medical Board for fitness assessment.
For the Appellants/Petitioners: Ch. Mohith Sai
For the Respondents: S. Pavithra
| Table of Content |
|---|
| 1. background of medical unfitness and provision of alternative employment. (Para 1 , 2 , 3) |
| 2. dispute regarding the actual nature of duties performed versus assigned light duty. (Para 4 , 5) |
| 3. direction to maintain light duty pending a fresh medical board assessment. (Para 6 , 7) |
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to consider petitioner’s representation dated 08.07.2026 and consequently direct the respondents to refer the petitioner to the Medical Board for assessment of Physical fitness for the purpose of issuing Form IV and regularizing his alternative employment, within the stipulated time fixed by this Court.
ORDER
Heard the learned counsel for the petitioner and Ms.S.Pavithra, learned Standing Counsel for the respondents-Corporation.
2. With the consent of both the parties, this writ petition is disposed of at the admission stage.
3. The petitioner herein, who was working as a driver in the respondents- Corporation, was subjected to medical examination before the Medical Board of Government, Vellore Medical College and Hospital, Vellore, in the year 2017 and since he was found not suitable for the post of driver, he was provided with alternative employment vide Fwpg;ghiz vz; :16536/ep3 jmnghf (tpGg;g[uk); ntYh;/2015, dated 13.07.2017, and the petitioner has been working as such till now.
4. However, according to the learned counsel for the petitioner, the respondents are providing only 3 days light duty and rest of the days, the petitioner is required to discharge the duty of a driver. Therefore, the petitioner, submitted a representation dated 08.07.2026, and approached this Court, seeking a direction to the respondents to refer him to the Medical Board for assessment of his physical fitness for the purpose of issuing Form IV and regularizing his alternative employment on a permanent basis.
5. Ms.S.Pavithra, learned Standing Counsel appearing for the respondents/Corporation, on instructions, submits that pursuant to the earlier Medical Board report of 2017, the petitioner was given alternative light duty and he is being continued in the said post and as and when the respondents- Corporation feel, the petitioner would be again referred to appropriate Medical Board, in case, they want to entrust the duties of the driver to the petitioner. She further submits that, till the appropriate Medical Board report is obtained, the petitioner would be entrusted only in the light duty.
6. In the light of the above and taking into consideration the submission made by the learned Standing Counsel for respondents/Corporation, the petitioner shall be continued to be entrusted with light duty till appropriate Medical Board report is obtained.
7. Accordingly, this writ petition is disposed of, directing the respondents to continue to engage the service of the petitioner in the light duty other than the work of a driver. However, it is left open to the respondents/Corporation to refer the petitioner to the Medical Board, if they feel it necessary, and take appropriate consequential action in accordance with law. No costs.
