Supreme Court Explores Possibility Of Accommodating Engineer With Colour Blindness In Employment Of TANGEDCO

The Supreme Court has asked the Tamil Nadu Generation and Distribution Corporation to inform it how an engineer with colour blindness could be accommodated in his post having regard to the nature of his qualification. The State Corporation has been asked to file an affidavit in this regard.

The bench comprising Justices S Ravindra Bhat and Dipankar Datta was hearing a Special Leave Petition filed against the order of the Madras High Court upholding the decision to terminate the appointment of the petitioner to the post of Assistant Engineer on the ground that he had defective vision. In this case, the petitioner was not having the benchmark disability which would have entitled him to the benefit under the Rights of Persons With Disability Act.

The court took into consideration the peculiar situation that the petitioner would find himself in if his termination was to be totally upheld. The court in its order held, “this Court is prima facie of the opinion that 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 Supreme Court ordered as follows:

“In these circumstances, 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.”

The matter will be considered after four weeks.

The petitioner was discharged from service on 14.05.2020 after he was selected and appointed to the post of Assistant Engineer in 2015. He had joined the service on 30.03.2017. It had transpired that during the course of his medical examination he was found to be color blind. He was therefore, referred to, on two occasions, to separate medical experts, who confirmed his condition of defective color vision. Consequently, the respondent-employer (TANGEDCO) had sought to initiate proceedings alleging that he had withheld information with regard to his inadequacy in physical fitness.

The petitioner had further approached the Madras High Court which, while allowing the Writ Petition, had directed the respondent-employer to re-examine the issue and refer the candidate to another Medical Board. The employer did so. However, pursuant to this medical report, the service of the petitioner was terminated.

The matter then came before the Division bench of the High Court which set aside the earlier order. The Division Bench was of the opinion that the employer had taken all relevant facts into consideration, having regard to the nature of the duties to be discharged in relation to the post i.e. Assistant Engineer by the petitioner. 

The Advocate on Record who also appeared for the petitioner in the SLP was Advocate A. Velan. 

Case Title: MOHAMED IBRAHIM Versus THE CHAIRMAN AND MANAGING DIRECTOR & ORS. SLP (C) No(s). 12671/2022

Read the Order Here: