RAM PAL Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) Petitioner was appointed as Driver in the Delhi Transport Corporation (in short DTC) in August, 1973. Before appointment the petitioner was medically examined. The Medical Board declared him fit to drive the DTC bus. When the Medical Examination of the petitioner took place the factum of his two fingers of right hand being slightly short was known to the medical experts. Inspite of that the Medical Board declared him fit to drive the bus. In March, 1988 on account of general strike by the employees of the DTC, services of the petitioner were terminated as he participated in the general strike. In November, 1989 alongwith other employees the petitioner was also taken back in service, but was not allowed to perform duties. Subsequent thereto from February, 1990 petitioner was allotted duties. He was paid salary for about 80 days. At the same time the petitioner was asked to appear before a Medical Board for his re-medical examination. In fact during the period from March, 1988 to November, 1989 there was no further deformity caused to his hand but inspite of the same the DTC Medical Board, declared him medically unfit to drive the DTC bus not for any other reason but due to his right hand fingers being slightly short, though this fact was known to the DTC ever since his appointment as Driver in 1973. He was also not found fit because of these two short fingers for the job of a peon. As a result of the re-medical Board conducted by the DTC in 1990 petitioner was prematurely retired. He felt aggrieved by this act of the respondent.

(2.) The short point for consideration is whether respondent could prematurely retire the petitioner on the basis of two fingers of his right hand being slightly short, particularly when this fact was noticed by the Medical Board which declared him fit for Driver's job in 1973. The admitted facts as pointed out above clearly show that at the time of entering into service the petitioner was medically examined by a DTC Medical Board. That Medical Board noticed that two right hand fingers of the petitioner were slightly short, yet he was declared medically fit to drive a DTC Bus. This happened in 1973. Thereafter, the petitioner had been driving DTC buses. It is also not disputed by the respondent that on its record there is nothing against the petitioner about his driving capability. His premature retirement is only on the ground that the re-medical Board constituted by the DTC declared him unfit. This report was of 1991. His conduct has otherwise been good. This was so reported by the respondent before this Court on 16th November, 1993. Petitioner has never been involved in any accident ever since 1973. Petitioner has been continuously and effectively performing his duties of a driver. His performance and duties as Driver have been free from any blemish. He has never been accused of causing any accident or loss to DTC. It was in this background that the petitioner alleged that the re-medical Board was convened by the respondent to procure a report against him. In order to resolve the controversy and to obtain correct position regarding the capability of the petitioner to drive a DTC bus, directions were given by this Court to the Depot Manager, to refer the petitioner for medical examination by a Medical Board to be constituted by L.N.J.P. Hospital. The Depot Manager of the respondent directed the petitioner to appear before the Board convened by the L.N.J.P. Hospital. At the time of referring the petitioner for re-medical examination by L.N.J.P. Hospital, the Depot Manager furnished the following information vide his letter dated 18th December, 1996, which is reproduced as under:-

(3.) A perusal of this letter shows that at the time of re-examination of the petitioner by the Medical Board of L.N.J.P. Hospital, the Depot Manager furnished photocopy of a medical report of the DTC Medical Board who examined him at the time of his entering into the service in 1973. Beside that the Depot Manager also furnished the standard of medical examination required to be conducted by the L.N.J.P. Hospital on the petitioner and the rules particularly para VII(h) regarding as to how the physical fitness had to be judged by the medically examining the petitioner. This can be seen from the reading of paras 2 and 5 of the letter quoted above. It was on the basis of DTC's requirement that the Medical Board of L.N.J.P. Hospital examined the petitioner. The perusal of the report by the Medical Board of L.N.J.P. Hospital shows that it found the petitioner fit to drive the DTC bus, meaning thereby that the petitioner was found physically fit according to the medical fitness required under para VII(h) of the DTC Rules. The said report of the Medical Board of the L.N.J.P. Hospital dated 16th January, 1997 has been placed on record. It shows that petitioner was found fit in all respects to drive a vehicle. Medical experts of L.N.J.P. Hospital found that due to the amputated distal and middle phalanges of the ring and middle fingers of the right hand of the petitioner could not be a deformity which could prevent the petitioner from driving a bus. Medical Board of the L.N.J.P. Hospital further found that the grip and release of the petitioner's hand were quite strong. It could adequately perform the job. His grip strength is good for small and large objects. Keeping these factors in view, the Medical Board of L.N.J.P. Hospital found him fit to drive a DTC bus. The detailed reasoning of the Medical Board has also been placed on record.