D KRISHNAMOORTHI Vs. TAMIL NADU STATE TRANSPORT CORPORATION; GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner was employed as Driver in the respondent Corporation. The employees of the respondent Corporation are sent periodically for eye checkup. Accordingly, the petitioner was sent for eye checkup to the Joseph Eye Hospital, Melapudur, Trichy for examination of his eyes on 20.04.2015. After examination, the Hospital found that he is not fit for driving as he suffered from "Reg Green Defect in colour vision testing". Thereafter, he was sent to the Medical Board at Government Ophthalmic Hospital, Egmore, Chennai. The Special Medical Board of the said Hospital examined the petitioner on 11.06.2015 and certified that the petitioner is not fit for driving. The certificate reads as under:

(2.) While so, the second respondent passed the impugned order dated 03.10.2015 providing him alternative employment as Conductor. But, he was asked to take Conductor licence for the same. The petitioner filed this writ petition seeking to quash the aforesaid order and for direction to provide him alternative employment with pay protection as per Section 47(1) of Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

(3.) When the matter came on 24.11.2015, this Court passed the following order: