CW/17664/2011 of ASHOK KUMAR Vs M D R S R T C AND ORS on 23 December 2011

ORDER

SB Civil Writ Petition No. 17664/2011Ashok Kumar versus MD, RSRTC & ors 23.12.2011

HON'BLE MR. JUSTICE MN BHANDARI

Mr Deepak Singh Mehta - for the petitioner BY THE COURT:

By this writ petition, order of assignment of the workof Driver has been challenged by the petitioner.

It is submitted by learned counsel for petitioner thattaking note of the medical unfitness of the petitioner to dischargethe duties of the Driver, he was assigned stationary duties,however, now, vide impugned order, petitioner has been asked todischarge duties of Driver. Since petitioner is medically unfit todischarge the duties of Driver, this writ petition has been filed tochallenge the impugned order.

I have considered the submissions made by learnedcounsel for petitioner and perused the record carefully.

The only controversy involved in this matter is as to whether petitioner is in a position to discharge his duties asDriver as he earlier met with the accident. The latest medicalcondition of the petitioner has not been placed on record and ifinjury sustained and noticed by the medical board is looked into,then it becomes clear that same is not so much that one is renderedpermanently disabled to discharge the duties of the Driver.

In view of the aforesaid, petitioner may be examinedby the medical board in SMS Hospital, Jaipur pursuant to thisorder and compliance of this order may be made by theSuperintendent of SMS Hospital, Jaipur by constituting anindependent medical board. The medical board may give opinionas to whether petitioner would be having any difficulty todischarge the duty of Driver. Aforesaid exercise may beundertaken within a period of 15 days from the date of productionof the order of this Court by the petitioner. After medicalexamination, certificate may be produced by the petitioner beforethe respondent Corporation and if he is found fit for discharge ofduties of the Driver, then no interference in the impugned order ismade, however, if he is not found fit for discharge of duties ofDriver, then he may be assigned stationary duties. However,respondent Corporation would be at liberty to transfer him to anyother place so that fit persons may be transferred at his place tocarry out the schedule of buses which may not be affected for want of Driver, however, it should not be with bias and pre-determination.

With the aforesaid directions/ observations, this writ petition so as the stay application are disposed of.

(MN BHANDARI), J.

bnsharma

All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.

(BN Sharma)PS-cum-JW