MOHAMED IBRAHIM Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) Leave granted. With consent the appeal was heard finally. The appellant is aggrieved by a judgment of the Madras High Court,WA (MD) No. 1506/2021 dt. 30/7/2021. which dismissed his petition, claiming arbitrariness in the declining of his candidature as Assistant Engineer (hereafter "AE") (Electrical) by the Tamil Nadu Generation and Distribution Corporation Limited- (hereafter referred to as TANGEDCO or "Corporation" or "employer" variously), on the ground that he was colour blind. It is undeniable that he had completed the graduate degree course in electrical engineering, had also qualified in the recruitment process, and was selected for the post of AE.

(2.) The brief facts of this case are that the appellant was appointed as Assistant Engineer (Electrical) by the Superintendent's Office, Karur in 2015(A notification No. 01/15 dtd. 28/12/2015 was published for direct recruitment to the posts of Assistant Engineer (Electrical), Assistant Engineer (Mechanical) and Assistant Engineer (Civil) in the Respondent Corporation.) and he joined the services on 31/3/2017(vide Memo No. 02972I360IAdm.I./A1/ F. Appt. order/2017-7 dtd. 31/3/2017 by the Superintendent Office,Karur). The corporation informed(vide letter of selection bearing No. 024396/ 108/G.55/G.551/2015 dtd. 30/3/2017) the appellant about his selection and asked him to report to office of the Superintendent, Karur on 15/4/2017. Later, he was asked to produce a Physical Fitness Certificate from the Senior Civil Surgeon Government Hospital, Kumbakonam after medical examination. After the examination, the appellant was informed that he had colour defective vision (colour blindness). By outpatient receipt (dtd. 15/4/2017) he was referred to Assistant Surgeon, Govt. Hospital, Musiri, Trichy District. The Asst. Surgeon confirmed that he had colour blindness and referred him to the Medical Board/ Ophthalmology department of MGM Trichy. The Superintendent's Office at Karur wrote letter dtd. 31/10/2017 to the Medical Board, Thanjavur Medical College Hospital, requesting the appellant's medical examination and a report based on that examination. The Regional Medical Board (hereafter "RMB") asked the appellant to appear for medical examination; he was told by the medical officer that the report would be forwarded to the corporation. A report dtd. 23/2/2018(bearing No. 13278/MB/2017) from RMB, Thanjavur was sent to the respondent, stating that: " .... Fitness cannot be given for the patient since norms regarding colour vision not provided by the employer (TNEB)".

(3.) Aggrieved, appellant approached the Madras High Court, which by order dtd. 11/3/2019(In WP(MD)No. 2255/2019) directed the employer to decide the case in accordance with the RMB Report. The Medical Board, Thanjavur issued Report dtd. 5/7/2019 for the persons with Disabilities in consideration of the appellant's case. Subsequently, the corporation's office sent a letter, cancelling the appellant's selection, pursuant to the medical report dtd. 5/12/2019. The appellant's services were terminated with effect from 14/5/2020.