DELHI TRANSPORT CORPORATION Vs. SURENDRA PAL

JUDGEMENT

(1.) The petitioner/DTC is aggrieved by the order dated 08.11.2016, passed by the Central Administrative Tribunal in O.A. No.3348/2014 filed by the respondent working on the post of a Driver in the DTC praying inter alia for quashing and setting aside the order dated 22.05.2014 whereunder, his plea for reinstatement in service stood rejected.

(2.) By the impugned order, the Tribunal allowed the O.A. filed by the respondent and quashed and set aside the order dated 22.05.2014 passed by the petitioner/DTC with directions to reinstate him w.e.f. 01.08.2013 with notional benefit of seniority and pay fixation and with a further direction that the actual salary and allowances would be paid to the respondent from the date he assumes the charge on the post of a Driver.

(3.) A brief glance on the facts of the case is considered necessary. The respondent was appointed as a Driver by the petitioner/DTC vide appointment letter dated 17.01.1988. In the year 2007, the respondent sustained an injury in his top phalange of the little finger of his right hand, which is described in medical terms as "Flexion Deformity". The petitioner/DTC served a Memo dated 23.05.2013 on the respondent in terms of Regulation No.10 of the DRTA (Conditions of Appointment and Services) Regulations, 1952 (in short, "Regulations"), for conducting his medical examination. The said examination is undertaken in respect of Drivers employed by the petitioner/DTC on their attaining the age of 55 years and only on their clearing the said examination, are their services extended on a year-to-year basis, in terms of the aforesaid Regulation.