DALEL SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner is challenging the order dated 25-10-2005 of the respondent No.1 whereby he was retired with effect from 30-11-2005 on attaining the age of 55 years.

(2.) The petiioner was working as a Retainer Crew Driver with effect from 21-8- 1989. His services had been dispensed with from 20-2-1990 but he was again reappointed on 16-7-1991 and, thereafter, brought on monthly pay with effect from 1-4-1992 and became a regular employee with effect from 1-4-1993. On 7-6- 1996 while he was on duty of Bus No.DHP-3565, he met with an accident at Lodi Pur Village at 4.15 hrs. The petitioner received grievous injuries including a fracture shaft humar(right) and fracture dislocation ankle(R). The petitioner asked for injury leave after availing of sick leave and earned leave for the period of 8-6-1996 to 10-9-1996. The petitioner, thereafter, was asked to appear before the DTC Medical Board which advised him rest for 60 days. The petitioner again appeared before the Medical Board on several occasions after periods of rest. On 23-4-1998, the DTC Medical Board after examining the petitioner declared him unfit for the post of driver. He was retired on medical ground with effect from 23-4-1998. The petitioner challenged this order before the Civil Court in Delhi which passed a mandatory injunction on 10-9-2005 directing the DTC to reinstate the petitioner in service and to consider the case of the petitioner in terms of Section 47 of Persons with Disabilities(Equal Opportunities, Protection of Rights and full participation) Act, 199(hereinafter referred to as the 'Act') The petitioner was, thereafter, taken back and was reinstated vide a letter dated 20-10-2005 and was given gate duty in view of the provisions of Section 47 of the Act. The respondent, however, served the petitioner with the letter dated 25-10-2005 retiring him from service with effect from 30-11-2005 as he would attained the age of 55 years on 1-11-2005.

(3.) It is contended on behalf of the petitioner that the age of retirement of DTC employees is 60 years and, thereafter, he could not be retired at the age of 55 years. He is conscious of the fact that the drivers of DTC can get employed beyond the age of 55 years provided they undergo a thorough medical check up every year on attaining the age of 55 years and their services can be extended till the age of 58 years,(now enhanced to 60 years) on being found fit in all respects to work as drivers. It is, however, contended on his behalf that since the petitioner has been assigned the duty at the gate, he is not governed by the rules requiring examination on attaining the age of 55 years and, therefore, he should be allowed to continue in service.