LAWS(DLH)-2015-1-62

PAWAN KUMAR Vs. DELHI TRANSPORT CORPORATION

Decided On January 16, 2015
PAWAN KUMAR Appellant
V/S
DELHI TRANSPORT CORPORATION Respondents

JUDGEMENT

(1.) AGGRIEVED from the order of the Central Administrative Tribunal, Principal Bench, New Delhi dated 24.09.2012 in O.A. No. 566 of 2012, the petitioner has preferred the present writ petition under Articles 226 and 227 of the Constitution of India for setting aside the aforesaid order and for issuing necessary directions to the respondent.

(2.) THE brief facts of the case are that the petitioner Pawan Kumar s/o Shri Sultan Singh was employed as a Driver with the respondent i.e. Delhi Transport Corporation vide appointment letter bearing No. PLDIII/ DSSSB/Driver/2008/3697 dated 23.12.2008 in the Pay band of Rs. 5200 -20200 + grade pay of Rs. 2000 and other allowances initially on probation for a period of two years. On 11.03.2009, during the period of probation, the petitioner suffered an injury when a fire -cracker hit his right eye which left him visually handicapped by 30% as is exhibited by the certificate dated 16.05.2009 issued by Dr. Rajendra Prasad Centre for Ophthalmic Sciences. The petitioner was thereafter asked by the respondent not to resume duties after 17.04.2009 after his medical examination was conducted at the direction of the respondent.

(3.) SUBSEQUENTLY , the petitioner filed an O.A. No. 566/2012 before the Central Administrative Tribunal, Principal Bench, New Delhi seeking issuance of a direction to recruit him in the alternative suitable post with continuity in service in the pay scale, allowances and other benefits of Driver. The Ld. CAT vide order dated 24/09/2012 declined to give any relief to the petitioner and dismissed his OA. Hence, the present writ -petition by the petitioner.