SADHU RAM Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The additional affidavit has been filed by the respondents in the court today which is taken on record. It is stated in the affidavit that after examination by the Medical Board the petitioner has been declared unfit for the post of Driver.

(2.) This issues has already been examined in Rajbir Singh v. Delhi Transport Corporation & Ors., CW No. 5700/2000 decided on January 24, 2002 holding that such a person is entitled to be considered for employment under section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

(3.) The writ petition is thus allowed and the order dated 27.11.1995 whereby the petitioner was denied alternative employment of equal level as a driver and the order of termination dated 21.6.1996 both passed by the respondent-Corporation are hereby quashed. Respondents are directed to take the petitioner back into service and pay the salary from the date when respondent stopped paying full salary after termination of his service. The petitioner would be treated as in continuous employment without any break in service. In case the petitioner is not fit to perform duty which he was performing since the initial appointment till his disability, the respondent shall deal with the case of the petitioner in terms of proviso to Section 47 of the said Act.