P ASAITHAMBI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner was appointed as a driver on daily wage basis by the respondent Corporation by an order dated 28.5.1998 and his services were regularised with effect from 1.9.1999. He rendered continuous service of 12 years. His service was without any blemish. While so, he was diagnosed as suffering from Immuno Compromised State in January 2010 and he took treatment at the ART Centre, Government Mohan Kumaramangalam Medical College Hospital, Salem. He was not able to attend the duties due to the aforesaid sickness. He was forced to take leave that was available to his credit. However, according to him, disciplinary action was initiated against him for unauthorised absence from 12.3.2011. He represented to the respondents to drop the disciplinary proceedings as he was suffering from the aforesaid sickness.

(2.) While so, the petitioner was directed by the Assistant Manager (Legal) of the respondent by a notice dated 15.10.2011 to appear before the Medical Officer of the Corporation. Accordingly, he appeared for medical examination. According to the petitioner, the Medical Officer of the respondent Corporation, who examined him found him "Not Fit" for the post of Driver.

(3.) In these circumstances, he has filed the present writ petition seeking for a direction to provide alternative employment with pay protection as per Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.