(1.) THE petition coming on for preliminary hearing is taken up for final disposal having regard to the facts and circumstances of the case.
(2.) THE petitioner's ease is that he has been certified by a competent Medical Board as being disabled to the extent of 60% and therefore he ought to be given alternative employment, other than as a driver. This had been complied with by the respondents earlier. However, the petitioner thereafter having been asked to resume his normal duties in the expectation that he would have recovered from his disability, it is stated, that the petitioner has procured yet another certificate from the Bowring and Lady Curzon Hospital, Bangalore, to again declare that he suffers from a disability of 60% and therefore, claims to be provided alternative employment. That having been denied, the petitioner had approached the Commissioner for Disabilities, who in turn, has ordered to provide alternative employment. That not having been complied with, the petitioner is before this Court.
(3.) THE learned Counsel for the petitioner on the other hand, would assert that he had made repeated representations and it is only thereafter he has produced the certificate at Annexure 'J' to claim a continued disability.