K N MANOHARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Original Application in O.A.No.8153 of 1998 before the Tamil Nadu Administrative Tribunal is the present writ petition.

(2.) The petitioner passed +2 Examination in April 1993 and thereafter, he got qualified by passing lower and higher grade tests in Typewriting. He applied for the post of Typist in Group IV Service pursuant to advertisement No.7/93 dated 06.02.1993 of the third respondent. The petitioner participated in the written examination and he was selected. He applied for the post of Typist under the physically handicapped quota. He produced a certificate dated 31.07.1990 issued by the Special Medical Board for the Physically Handicapped, Vellore. It was certified that the petitioner suffered a loss of 70% hearing in both ears. It was also stated that the disability was based on the certificate issued by the Special Medical Board. The petitioner was selected by the Tamil Nadu Public Service Commission and was posted to Tamil Nadu Secretariat Service as Typist. Based on the said Certificate, the first respondent issued appoint order dated 30.09.1994 to the petitioner allotting him to the Industries Department, Fort St. George, Chennai 600 009. The second respondent issued the appointment order dated 04.11.1994 appointing him as Typist. He joined duty on 30.11.1994. He was directed to appear before the Medical Board attached to the Special Employment Exchange, Chennai. However, he was not informed about the result and again he was asked to appear before another Medical Board. Accordingly, he appeared before another Medical Board also.

(3.) In these circumstances, the third respondent issued the impugned order dated 22.09.1998 cancelling the appointment of the petitioner on the ground that both the Medical Board found that he was not a physically handicapped person, as his hearing loss is only 37.5%.