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2026 DAILYLAW 61779 (MAD)

Vellaichamy M v. The Managing Director

WP(MD)/18294/2026 · 2026-08-11

B Pugalendhi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD)No.18294 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.18294 of 2026 and WMP(MD)No.13534 of 2026 M.Vellaichamy ...Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bypass Road, Madurai. 2.The General Manager, Tamil Nadu State Transport (Madurai) Limited, Virudhunagar Region, Virudhunagar. ...Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India Certiorarified Mandamus relating to call for the record pertaining to the impugned order passed by the 2nd Respondent dated 04.06.2026 bearing Ref viruthu/nir/A2/88-1/2026, quash the same as illegal, arbitrary, and violative of Section 20(4) of the RPWD Act, 2016, and consequently direct the respondents to provide alternative light duty with continuity of pay protection and benefits or refer me to an Appellate State Medical Board or an autonomous national institute of 1/7 https://www.mhc.tn.gov.in/judis WP(MD)No.18294 of 2026 excellence like NIMHANS / JIPMER for an absolute. definitive Neuro- psychiatric assessment to confirm the clinical therapeutic boundaries of the petitioner's conversion disorder. For Petitioner : Mr.G.M.Xavier For Respondents : Mr.S.Senthil ORDER The petitioner is working as a conductor in the 2nd respondent transport corporation at Virudhunagar Region. While he was in duty, he fell down inside the moving bus and he has suffered serious injury. He was admitted in the Government Rajaji Hospital, Madurai, wherein he was diagnosed with neurological trauma, culminating in numbness and functional paralysis of his right hand and leg. He was admitted as inpatient from 17.12.2024 to 24.12.2024 in the Government hospital and he is undergoing treatment. Since the petitioner has suffered neurological disorder he has requested the management to provide him alternative employment. On his representation the petitioner was referred to the Regional Medical Board to determine his fitness level and the suitability for alternate employment. The respondent instead of providing alternate employment, has issued show cause notice to the petitioner on 2/7 https://www.mhc.tn.gov.in/judis WP(MD)No.18294 of 2026 27.01.2025 for his unauthorised absence from his duty. As against this order, the petitioner has filed a writ petition before this court in WP(MD)No.4694 of 2025 seeking relief under Section 47 of the Right of Persons With Disabilities Act, 1995. This court by its order dated 23.04.2025 directed the management to refer the petitioner to the Regional Medical Board at Rajiv Gandhi Government General Hospital, Chennai. Accordingly, the petitioner was also referred to the Medical Board and he was evaluated on 29.05.2025, 18.09.2025, 19.09.2025 and 08.10.2025. The Medical Board has given the report as under: “This pt has been reviewed. He has been assessed using MMSE, VSMS and Detailed assessment \{c} performance tasks cannot be carried out due to dysfunction of Right Hand (dominant) and the test findings are his General information, Comprehension, memory and following instructions are intact. He is unable to write, his movement is restricted due to his lower limb dysfunction. MMSE - 24 (Adequate) In VSMS, apart from locomotion and his self-help skills, he has limitations due to his Hemiparesis. His social skills, Communication and interpersonal 3/7 https://www.mhc.tn.gov.in/judis WP(MD)No.18294 of 2026 relationship \{c} self direction seems to be intact. His SQ-70 suggestive of below average in his social + adaptive functioning due to his physical condition.” By referring to this report, the management has not provided any employment to the petitioner and sought for a clarification from the Medical Board. Since the petitioner has not been provided with alternate employment, the petitioner has challenged the communication of the respondent dated 04.06.2026. 2.Mr.S.Senthil, learned counsel submits that he has been authorised to appear in this case on behalf of the respondents. According to him, the medical report is not clear on the suitability of the petitioner for alternate employment and therefore, they have sought for clarification from the Medical Board in this regard and depending upon their report, they would proceed further. He also produced a copy of the communication dated 05.08.2026 addressed to the Medical Board by 2nd respondent. 3.This Court has considered the rival submissions made. 4/7 https://www.mhc.tn.gov.in/judis WP(MD)No.18294 of 2026 4.Admittedly this petitioner has suffered injury while he was in duty as Conductor in the bus. The Doctor who treated him has diagnosed that he suffered with neurological trauma culminating in numbness and functional paralysis of his right hand and leg. 5.The learned counsel for the petitioner claims that the petitioner could not do the Conductor work anymore and therefore, he sought for alternate employment due to the health condition. The petitioner has suffered injuries on 17.12.2024 when he was in duty and he has not been provided with alternate employment for nearly two years. 6.The respondents shall get the clarification from the Medical Board and take further course of action based on the clarification of the Medical Board. Since the petitioner has sustained injuries when he was in duty, till the respondents get clarification from the Medical Board, the respondents shall provide the petitioner with alternate employment within a period of one week from the date of receipt of a copy of this order. 5/7 https://www.mhc.tn.gov.in/judis WP(MD)No.18294 of 2026 7.This writ petition is disposed of in the above terms. No costs. Consequently connected miscellaneous petition is closed. 11.08.2026 DSK To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bypass Road, Madurai. 2.The General Manager, Tamil Nadu State Transport (Madurai) Limited, Virudhunagar Region, Virudhunagar. 6/7 https://www.mhc.tn.gov.in/judis WP(MD)No.18294 of 2026 B.PUGALENDHI.J., DSK WP(MD)No.18294 of 2026 11.08.2026 7/7 https://www.mhc.tn.gov.in/judis