The Madras High Court bench here on Wednesday directed the general
manager of the Tamil Nadu State Transport Corporation (TNSTC) to allow a
differently-abled driver to continue in service or provide alternative
employment to him after a medical test.
Petitioner S.Sukumar, a permanent employee of the TNSTC, was driving a
bus from Bodinaickanur to Uthamapalayam in Theni district on December
21, 2009, when the bus collided with a school bus.
The petitioner, the only person injured in the accident, sustained severe injuries on his right leg.
Mr.Sukumar was unable to return to work because of the nature of his
injuries and was given the duty of filling diesel to buses from October
2010.
According to Mr.Sukumar, the Department of Rehabilitation of the
Disabled certified that he had 40 per cent disability after the
accident.
From February 25, 2013, the TNSTC declined to allow him to be in
service. Therefore, he filed the petition seeking directions to the
officials to allow him to continue the work of filling diesel because he
could not work as a driver.
In his judgment, Justice D.Hariparanthaman held that the disability of
the petitioner should be ascertained by a competent medical board before
the court could issue directions to the officials to provide
alternative employment with pay protection to the petitioner under
Section 47 of the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995.
Therefore, he issued directions to the general manager of the TNSTC to
refer the petitioner to a medical board at the Government Rajaji
Hospital here to ascertain his disability.
Based on the medical report, the petitioner should be allowed to
continue in service as a driver or an alternative service with pay
protection, the judge ruled.
Source : The Hindu , 3rd May 2013
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