MANAGING DIRECTOR Vs. GANAPATHY M NAIKA

JUDGEMENT

(1.) This intra Court appeal has been filed against the order dtd. 16/7/2021 passed by the learned Single Judge by which the writ petition preferred by the appellants has been disposed of. In order to appreciate the grievance of the appellants, relevant facts need mention which are stated infra.

(2.) Respondent No.1 was employed as driver cum conductor in Karnataka State Road Transport Corporation (hereinafter referred to as 'the Corporation' for short). Respondent No.1 met with an accident on 7/7/2007. Thereafter, for a period from 8/7/2007 till 2/3/2011, respondent No.1 was treated in respect of the injuries suffered by him in the accident and the said period was treated as 'On duty'. Respondent No.1 thereafter joined the duties on 5/2/2011 and he was given the alternative post of office helper.

(3.) Thereafter, respondent No.1 was restored to his original post on 14/12/2015 and was provided with an alternative job of helper. However, the claim of respondent No.1 to the post of junior assistant for promotion was not considered. Therefore, respondent No.1 approached respondent No.2, namely, the Commissioner for the persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995. The Commissioner issued directions on 14/12/2015, which was modified on 26/2/2016 and it was directed that respondent No.1 be granted promotion to the post of Assistant.