DELHI TRANSPORT CORPORATION Vs. RAHUL NAGAR

JUDGEMENT

(1.) The writ petitioner assails the order dated 1st April, 2013 passed in OA No.3488 of 2012 by the Central Administrative Tribunal, Principal Bench, New Delhi.

(2.) The facts giving rise to the instant petition are not disputed and to the extent necessary, are noted hereafter. The respondent is the son of Late Shri Mahipal Singh who died in harness on 10th June, 2001 while working as conductor with the Delhi Transport Corporation (DTC).

(3.) It appears that Late Shri Mahipal Singh met with an accident on 9th October, 1998 while returning from duty in which his right leg had to be amputated. Thereafter, he was assessed as having 60% disability. Based on this disability, the father of the respondent was retired prematurely on 22nd November, 1999 by the DTC. Late Shri Mahipal Singh challenged his premature retirement by way of WP No. 2765/2000. Unfortunately, he expired on 10th June, 2001 during the pendency of the writ petition and the case was pursued by his son, the present respondent and other legal heirs of Late Shri Mahipal Singh. This writ petition culminated in a judgment dated 6th March, 2002 passed by a Division Bench of this court whereby the termination order dated 22nd November, 1999 was set aside.