LAWS(MAD)-2007-9-152

KANNADASAN Vs. STATE TRANSPORT CORPORATION

Decided On September 12, 2007
KANNADASAN Appellant
V/S
STATE TRANSPORT CORPORATION REP.BY ITS MANAGING DIRECTOR, KUMBAKONAM Respondents

JUDGEMENT

(1.) THE petitioner is a driver. On being referred to the Medical Board for testing the eye sight of the petitioner, he was informed that the Medical Board reported by a communication dated 19. 11. 2004 that he is unfit to drive any vehicle. In view of the Medical Board's recommendation and as the petitioner was also eligible to get pension, the respondent Corporation issued a show cause notice dated 28. 02. 2007 as to why he should not be discharged from service on medical grounds. It is this show cause notice which was challenged in the Writ Petition.

(2.) PENDING the Writ Petition, this Court granted interim order on 19. 06. 2007. The respondents filed a vacate stay application No. 3 of 2007 and the petitioner filed a direction application No. 4 of 2007 to provide employment to him.

(3.) IN the counter affidavit filed in support of the vacate stay application, there is no reference to the orders passed by this Court in several Writ Petitions including several Division Bench Judgments of this Court. A vague reference is made to the provisions of the Persons with Disabilities Act 1995 being not applicable to the petitioner. Because, according to the Corporation, a person with disability means a person suffers from not less than 40% of any disability as certified by the Medical Board. The petitioner was not certified to be a qualified person, pursuant to the medical board's recommendation, so as to come within the meaning of Section 2 (i) (v) of the Persons with Disabilities Act 1995. The person with disability Act being applicable does not arise and they state that the show cause notice was given in terms of certified Standing Order 18 (a ).