SC Directs TANGEDCO To Consider Possibility Of Accommodating Engineer Having Colour Blindness In Employment
The Supreme Court has recently asked the TANGEDCO i.e., the Tamil Nadu Generation and Distribution Corporation to consider as to what extent the engineer having colour blindness can be accommodated in its employment.
The Court directed the aforesaid corporation to file an additional affidavit within a period of three weeks.
The two-Judge Bench of Justice S. Ravindra Bhat and Justice Dipankar Datta observed, “… this Court is of the opinion that the employer (respondent) should consider, to what extent, the petitioner can be accommodated in the same post with some responsibilities, having regard to the nature of his qualification; either in policy or at planning levels, etc. TANGEDCO shall file an additional affidavit having regard to the above observations.”
The Bench has also asked TANGEDCO to produce the last medical report.
Advocate A Velan appeared for the petitioner while Advocate T. Harish Kumar appeared for the respondents.
In this case, the petitioner was selected and appointed to the post of Assistant Engineer and hence joined the service. During the course of his medical examination, he was colour blind and was, therefore, referred to, on two occasions, to separate medical experts, who confirmed his condition of defective colour vision.
Consequently, the respondent i.e., the employer sought to initiate proceedings alleging that he had withheld information regarding his inadequacy in physical fitness. The petitioner, aggrieved, approached the Madras High Court, which directed the employer to re-examine the issue and refer the candidate to another Medical Board, which it did.
Pursuant to the medical report, the petitioners’ services were terminated. The petitioner being aggrieved by the same moved to the Supreme Court.
The Supreme Court in view of the facts and circumstances of this matter noted, “… as a consequence of the impugned judgment, there is every likelihood of the petitioner being stuck in a limbo as it were, as he would not be considered as a person with disability under the Persons with Disabilities Act, 2016, on the one hand having regard to the nature of the coverage of that enactment and on the other he would perhaps be also unable to apply for any future public employment as he would be duty bound to disclose his past service.”
The Court further noted that as the petitioner had completed a technical qualification i.e., B.E. in Electrical and Electronics Engineering, his future would be bleak.
The Apex Court has, therefore, listed the matter after four weeks.
Cause Title- Mohamed Ibrahim v. The Chairman and Managing Director & Ors.