@JUDGMENTTAG-ORDER
D. Hariparanthaman, J.@mdashThe 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.
4. After filing the writ petition, the petitioner was directed by the General Manager of the respondent by an order dated 6.3.2012 to appear before the Medical Board, in the Government Mohan Kumaramangalam Medical College Hospital, Salem. Accordingly, he appeared before the Medical Board on 9.4.2012. The Medical Board gave its report on 9.4.2012 that the petitioner could not do heavy work and he could do light work. It is also recorded therein that he has been taking treatment regularly at ART Centre.
5. With the consent of both the parties, the writ petition itself is taken up for final disposal.
6. Learned counsel for the petitioner has submitted that the petitioner is entitled to the relief u/s 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.
7. On the other land, the learned counsel for the respondents has submitted that the respondents are considering the report of the Medical Board and they could pass appropriate order as per law within a stipulated period.
8. I have perused the report of the Medical Board dated 9.4.2012. The Medical Board has stated as follows:
Change over of Duty
This is to certify that Mr. P. Asaithambi, Driver Dr. No. 3500 is taking ART treatment at ART Centre, Salem and he is unable to do heavy work and to do light work and follow up regularly at ART Clinic (HIV Clinic) as per the advise of ART Medical Officer, GMKMC Hospital Salem.
9. The petitioner has produced the certificate issued by the ART Centre, Government Mohan Kumaramangalam Medical College Hospital, Salem dated 19.8.2011. The said Certificate is extracted hereunder:
Government Mohan Kumaramangalam Medical College Hospital, ART Centre, Salem
Certificate
Mr. P. Asaithambi (A04965) (Pre. ART. No. 11319 is suffering from Immuno Compromised State and was registered in ART Centre, Govt. Mohan Kumaramangalam Medical College Hospital, Salem. He/She is under our treatment from 9.1.2010.
10. The certificate dated 19.8.2011 and the report of the Medical Board dated 9.4.2012 make it clear that the petitioner is entitled to alternative employment u/s 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. It is well settled that the respondents are bound to provide alternative employment, if the Medical Board finds that he could not do heavy work viz., the work of the driver. It is admitted that the petitioner is an AIDS patient and the Medical Board found that he could discharge light duties. Hence, the respondents are directed to provide the petitioner alternative employment as per Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 protecting the pay of the petitioner as driver within a period of two weeks from the date of receipt of copy of this order. The writ petition is ordered accordingly. No costs.
