Today, the division bench of Justices S Ravindra Bhat and Aravind Kumar of the Supreme Court has granted relief to a person with 'colour blindness', the Court directed the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) to employ him as an Assistant Engineer (Electrical) with a suitable salary grade.
After being denied the position of Assistant Engineer (Electrical) by TANGDECO due to his color blindness, the individual sought relief from the Supreme Court. The Court noted that the alternative role of Junior Assistant proposed by the Corporation was insufficient, as it did not align with the appellant's qualifications.
"The offer is a mere palliative gesture which he justifiably rejected," the Court said about the alternate offer made by the TANGDECO.
The bench set-aside verdict of the Madras High Court that had upheld TANGDECO's decision to dismiss the appellant from his position
"TANGEDCO the respondent is directed to appoint and continue the appellant in its service as AE Electrical at the appropriate stage of the grade of pay from the day he was terminated from his service or his appointment was canceled and accommodate him in a suitable department where he can be given appropriate responsibilities.'', the Court said.
Case Brief -
In the said matter, the appellant, who was initially considered qualified for the role, was subsequently found to be color blind during a medical examination. This raised concerns about his ability to fulfill the responsibilities of an engineer, which frequently involve working with color-coded power cables and wires.
Due to these concerns, TANGEDCO declined the appellant's candidacy.
In response, the appellant contested this decision using Article 226 of the Constitution, and the Madras High Court initially ruled in his favor, instructing TANGEDCO to extend the job offer to him.
Nevertheless, TANGEDCO contested this ruling.
The division bench emphasized the critical nature of quick and accurate decision-making for engineers, particularly in emergencies, when they must handle color-coded wires and cables. They reasoned that any impairment in such decision-making due to color blindness could render a person unfit for the position.
Further, the Court also mentioned that, the writ petitioner's case did not demonstrate any manifest arbitrariness in TANGEDCO's decision.
The court acknowledged that TANGEDCO had formed a specialized committee with an expert member, and their unanimous conclusion was that the petitioner was not fit for the said position.
Consequently, the division bench's judgment reversed the previous order, leading the appellant to seek redress from the Supreme Court.
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