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Supreme Court reinstates colour-blind TGSRTC driver, slams premature medical retirement

Supreme Court reinstates colour-blind TGSRTC driver, slams premature medical retirement

Time of Indiaa day ago
Hyderabad: In a significant ruling upholding the rights of employees with acquired disabilities, the Supreme Court ordered the reinstatement of a Telangana State Road Transport Corporation (TGSRTC) driver who was prematurely retired after being diagnosed with colour blindness.
The apex court directed the corporation to reinstate the driver, Ch Joseph, in a suitable non-driving role with the same pay grade and awarded 25% back wages from the date of his termination until reinstatement.
Setting aside a Telangana high court order that upheld the driver's medical retirement, the Supreme Court observed that retiring an employee on medical grounds should be a last resort, only after the employer has exhausted all reasonable avenues of redeployment.
The court called the RTC's failure to explore alternate roles not just a procedural lapse but a serious legal violation that undermines the employee's right to livelihood and equal treatment.
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'Our concern is not confined to the present case but extends to the systemic risk that employers, particularly public sector entities, may attempt to bypass their obligation to offer alternate employment by drawing rigid distinctions between recognised and unrecognised disabilities under statutory frameworks,' said the court.
The court warned against using technical classifications to deny protection to employees who acquire disabilities during service.
In this case, the court found that the corporation had made no effort to assess alternative employment options, despite the driver expressing willingness to take up a non-driving role. Such inaction, the court ruled, breached both statutory duty and administrative fairness.
The bench also faulted the high court for misapplying a previous Supreme Court ruling under the Disabilities Act.
It clarified that Joseph's claim was based on a contractual settlement, which carries statutory weight under labour law.
Importantly, the court pointed to a 1979 memorandum of settlement between the RTC and its workers, which specifically provided alternate employment for drivers diagnosed with colour blindness. 'This clause remains valid and enforceable,' the bench held, adding that no internal circular can override the terms of such a binding settlement.
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