BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/03/2006 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.80 of 2006 and W.P.M.P.No.71 of 2006 M.Abdukwahith ... Petitioner Vs. The General Manager Tamil Nadu State Transport Corpn., Madurai division-IV, Dindigul. ... Respondent PRAYER Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, call for the records relating to the impugned order passed by the respondent in his proceedings No. 2171 dated 03.09.2002 and quash the same and illegal and consequently direct the respondent to reinstate the petitioner in service. !For Petitioner ... Mr.M.Ajmal Khan ^For Respondent ... Mr.K.Mahendran Special Government Pleader :ORDER
This writ petition is filed challenging the order of the first respondent
dated 03.09.2002, under which the respondent has discharged the petitioner of
service, based on the medical report that the petitioner was not fit to serve as
a driver.
2.I have heard the learned counsel for the petitioner and Mr.K.Mahendran,
Special Government Pleader, appearing for the respondent.
3.By consent of both sides, the Writ Petition is taken up for final
disposal.
4.In the medical report dated 07.06.2002, it is mentioned as follows:
“The Board has examined him and found that he has not recovered from his
illness and certified that he is unfit for driver duty”.
It is based on the medical report that the petitioner was discharged.
5.According to the learned counsel for the petitioner, even though the
petitioner had some severe paralytic attack, now he has fully recovered from the
same and he is fit for the work as a driver.
6.In view of the same, to meet the ends of justice, this Court of the view
that a direction should be given to the respondent to refer the petitioner to
Medical Board and examine the nature of the disability of the petitioner
suffered and whether the petitioner is fit to work as a driver or not.
7.For that course of action, the learned counsel for the respondent has no
objection. In view of the same this petition is disposed of with the following
direction:
“Respondent is directed to produce the petitioner before the Medical Board
and examine his disability. If according to the Medical Report, the petitioner
is fit as on date for the job of driver, the respondent can pass further orders
appointing the Petitioner as driver immediately in the said post. It is also
made clear that the petitioner would be entitled for all other benefits for the
service rendered by him by the respondent corporation.
8.With the above direction this petition is disposed of. Consequently,
the connected WPMP is also closed.
mj
To
The General Manager
Tamil Nadu State Transport Corpn.,
Madurai division-IV,
Dindigul.
