MOHINDER SINGH Vs. DTC

JUDGEMENT

(1.) The petitioner's case is similar to the case of Tarlochan Singh Aujla Vs. D.T.C., which was decided by this Court in W.P.(C) 2708/1998 on 12.5.2005, reported in 2005 V AD (DELHI) 607. In Tarlochan Singh's case it was decided that a driver who has suffered disability during his course of employment with the respondent/DTC and obtained the benefit of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short the Act), could not claim to continue in service up to the age of 60 years in violation of the regulation requiring a driver to be physically fit in all respects after the age of 55 years and declared fit in all respects by the Medical Officer. Thus, the age of driver by the regulations of the DTC and in accordance with the circular dated 30.6.1998 was 60 years, provided after the age of 55 years he is medically fit. Thus, for all practical purposes, the age of retirement of a DTC driver was 55 years and he could continue in service up to 60 years provided every year he fulfils the criterion of being medically fit.

(2.) Mr.K.K.Tyagi, counsel appearing for the petitioner, says that the judgment of this Court in Tarlochan Singh's case is per incurium inasmuch as it has not taken notice of the fact that 3rd paragraph of regulation 10 is hit by Section 47 of the Act. It is contended that the 3rd paragraph of regulation 10, which is reproduced below, cannot stand in view of Section 47 of the Act:

(3.) It is contended that if this 3rd paragraph is taken to be bad, then the two office orders dated 4.10.1963 and 30.6.1998 by which the retirement age of of the drivers of the DTC is restricted to 55 years, also will have to go.