RAM PHAL Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The present writ petition is filed by the petitioner seeking for a direction to the respondent to create supernumerary post for the petitioner in terms of the provisions of section 47 of the Persons with Disabilities Act, 1995 as well as circular dated 11.10.1996 with a further direction to pay salary and allowances to the petitioner in the scale of the Driver from the date of his premature retirement alongwith all allowances due and payable with interest.

(2.) The petitioner was appointed as a Driver by the respondent Corporation. He was however, prematurely retired by the respondent under an order dated 5.3.1993 being medically unfit to perform his duties. Being aggrieved by the said order the petitioner preferred a writ petition in this court which was registered as C.W.2154/1993. The said writ petition was disposed of by the Division Bench of this court by a judgment/order dated 13,9.1994.while disposing of the said writ petition the Division bench of this court considered the policy of the respondent of offering equivalent or lower post to those persons who were found medically unfit to perform duties which they were performing with the respondent Corporation.The Division Bench considered the said policy of the respondent Corporation and found that the said policy is applicable to the case of the petitioner and in terms thereof it was ordered that an offer of an equivalent or a lower post according to the roster be made to the petitioner within a period of 4 weeks and if the said offer is accepted by the petitioner who is prematurely retired then the appointment should be made within a period of 4 weeks. The operative portion of the said judgment is extracted below:-

(3.) Pursuant to the aforesaid order of Division Bench an offer was made to the petitioner for a post of Peon with the Corporation and the said offer was accepted by the petitioner and he Joined as a Peon on 31.3.1995 in the scale of Rs.775-1025.Now the petitioner has filed the present writ petition seeking for the aforesaid reliefs. Counsel appearing for the petitioner submitted that at the time of the order of premature retirement the petitioner was drawing the basic pay of Rs.1300/- in the scale of Rs.975-1540 and therefore, the respondent acted illegally in not protecting his pay and not making payment to him at the minimum of the pay scale. He also submitted that in view of the provisions of the Persons with Disabilities Act, 1995 particularly in view of the provisions of section 45 of the said Act the petitioner was to be given an equivalent post of that of Driver and if such a post was not available a supernumerary post was to be created for the petitioner and therefore, the order passed by the respondent directing him to Join as Peon is illegal and without jurisdiction.