INDRAVADAN KANTILAL JOSHI Vs. TRANSPORT MANAGER

JUDGEMENT

(1.) The petitioner is serving on the post of driver in the Ahmedabad Municipal Transport Service ("AMTS" for short). He was initially appointed in the year 1981 and subsequently he was confirmed on the said post. The petitioner as a driver in the AMTS has to drive the heavy vehicle - bus. Unfortunately, he suffered heart ailment and as per the averments in the petition, he received two severe heart attacks for which he was admitted in the L.G.Hospital which is the hospital run by the Corporation. The certificate about the ailment has been annexed at Annexure-A to the petition. In the certificate at page 9, it is stated that the petitioner is advised for light duty. The petitioner thereafter made a representation to the authority which is at Annexure-B - page 10 requesting the authority that since he is suffering from heart ailment and since he is also producing the certificate from the L.G.Hospital his leave may be sanctioned. The petitioner has also annexed his representation at Annexure-C which was made to the authority wherein he has stated that on 1.4.2000 he was given the table work, but thereafter from 4.4.2000 that order was cancelled by the department. He stated that he has categorically brought the said fact to the notice of his superior.

(2.) The petitioner thereafter filed this petition for a direction to the authority to give him three months' salary and to sanction his leave as well as to provide him light work. During the pendency of the petition, the petitioner also made a representation to the authority by letter dated 8.9.2000 that he may be given some light work. As per the endorsement on the said letter the authority has received the same on the same day. The aforesaid representation is produced by Mr.Dastoor on record.

(3.) In affidavit-in-reply it has been stated by the Corporation in para 4 that the petitioner is never restrained from performing his duty as a Driver. It is stated that there is no provision for providing light work on the ground of physical disability or on any other health ground. It is also stated that in other cadres, the strength is limited. No benefit of light job can be given to the petitioner even on the ground of physical disability. It is also stated that there is no vacancy of Peon, Helper, Sweeper etc.