W.A.No. 2377 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.02.2025 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.A.No. 2377 of 2024 and C.M.P.No. 16745 of 2024 1.The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Villupuram Ltd., Villupuram - 605 602. 2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Villupuram Region. ... Appellants Vs. N.Raj Kumar ...Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 31.01.2024 made in W.P.No.28181 of 2023. For Appellants : Mr.M.Aswin Standing Counsel For Respondent : Mr.N.J.Joseph Stalin 1/6 https://www.mhc.tn.gov.in/judis W.A.No. 2377 of 2024 J U D G M E N T (Judgment of the Court was made by R.SUBRAMANIAN, J.) We see no merit in the challenge to the order of the writ Court. The respondent, who was working as a Driver suffered an injury in his spine during the course of his employment, resulting in him, being declared unfit to continue the job as a Driver. The appellant, by the order impugned in the writ petition required him to obtain a Conductor license and offered him the Conductor’s job. Contending that his physical condition will not permit him to work even as a Conductor, the respondent challenged the order requiring him to obtain a Conductor's license and join duty as a Conductor. 2. The Writ Court found that the nature of the injuries suffered by the respondent in the accident and the disability suffered by him are such that he cannot serve as a Conductor. On the said conclusion, the writ Court quashed the orders impugned in the writ petition and required the respondent to assign an alternate work. It was also made clear that the respondent would be entitled to back-wages for the period of non- employment. Hence, this appeal. 2/6 https://www.mhc.tn.gov.in/judis W.A.No. 2377 of 2024 3. We have heard Mr.M.Aswin, learned counsel apperaing for the appellants and Mr.N.J.Joseph Stalin, learned counsel appearing for the respondent. 4. Mr.M.Aswin, learned counsel appearing for the appellants would vehemently contend that the Authorities took note of the injury and disability certificate issued by the medical board of the Rajiv Gandhi Government General Hospital, Chennai and offered employment as a Conductor to the respondent. It was, he who was unwilling to take up the job therefore, the Authority cannot be mulcted with the liability of payment of back-wages apart from reinstating him. 5. Contending contra, Mr.N.J.Joseph Stalin, learned counsel appearing for the respondent would draw our attention to the provisions of Section 20 of the Rights of Persons with Disabilities Act, 2016 and contend that there is a statutory obligation created on the Employer to provide some other job with the same pay scale and service benefits. He would also submit that the 2nd proviso to Sub-Section 4 of Section-20 of the said Act, 3/6 https://www.mhc.tn.gov.in/judis W.A.No. 2377 of 2024 requires the Employer to create a supernumerary post, until the suitable post is available or until the Employee attains the age of superannuation, if such post is not available immediately. When statute creates an obligation on the Employer to provide alternate employment to the person, who suffers a disability during his employment, the same cannot be taken away by the Courts. The Writ Court has found that the respondent cannot work as a Conductor and he has to be accommodated in some other post, in the Office. 6. It is now stated that the respondent has been accommodated in the Office and he is working. Mr.M.Aswin, learned counsel appearing for the appellants would make an appeal to re-consider the direction to pay back- wages. We are afraid, we cannot countenance the request of the learned counsel. The Act namely, the Rights of Persons with Disabilities Act, 2016 mandates alternative employment with pay protection. If we are to consider the request of the learned counsel for the appellant, it would be in violation to the provisions of the said Act. 4/6 https://www.mhc.tn.gov.in/judis W.A.No. 2377 of 2024 7. We therefore, see no ground to interfere with the conclusions of the writ Court. This Writ Appeal therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneus petition is closed. (R.S.M., J.) (G.A.M., J.) 18.02.2025 kkn Index: No Speaking order Neutral Citation : No To: 1.The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Villupuram Ltd., Villupuram - 605 602. 2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Villupuram Region. 5/6 https://www.mhc.tn.gov.in/judis W.A.No. 2377 of 2024 R.SUBRAMANIAN, J. and G. ARUL MURUGAN, J. KKN W.A.No. 2377 of 2024 and C.M.P.No. 16745 of 2024 18.02.2025 6/6 https://www.mhc.tn.gov.in/judis