SHYAM LAL Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) WRIT petitioner of WP(C) No.5111/2011, Shyam Lal, was born on November 11, 1955 and was appointed as a Driver with DTC in the year 1984. As per him, during his childhood when he was aged four years, he had suffered an injury on the wrist of his right hand due to which his right hand became slightly bent towards the inside. When appointed as a Driver in the year 1984 said handicap was not found a hindrance in his ability to efficiently function as a driver.

(2.) WRIT petitioners of WP(C) No.4386/2012, Nar Singh (Petitioner No.1) and Dharam Pal (Petitioner No.2) were born on March 02, 1954 and May 15, 1954 respectively and were appointed as Drivers with DTC in the year 1980 and 1979 respectively. As per them, during their childhood when they were aged four or five years they had suffered an injury on the index finger of their right hand resulting in the top phalynx of the finger being amputated. When appointed as a Driver in the year 1980 and 1979 respectively said handicap was not found a hindrance in their ability to efficiently function as a driver.

(3.) THE problem which the four writ petitioners highlight is that when they turn 55 years of age, all of them were required to undergo a medical examination to determine their fitness for continued employment as a Driver in DTC because of the fact that as per applicable Service Rules, Drivers employed by DTC superannuate on attaining the age of 55 years but have a right to serve till the age of 60 years, subject to being declared medically fit on attaining the age of 55 years; further extension being on year to year basis for five years and in each year fitness to be assessed by a Board of Doctors.