GIGABHAI P VIRAS Vs. GSRTC

JUDGEMENT

(1.) The petitioner was working as a conductor at Una depot of Amreli district since more than five years and on 14.1.1993, the petitioner was taken on time scale in the post of conductor after he had completed service as a daily wager. The petitioner during the course of employment was sent by the respondent authority for medical examination before the Civil Surgeon, Civil Hospital, Amreli who certified that the petitioner was suffering from cancer of cell carcinoma on right ear. The petitioner was therefore declared unfit for the post of conductor and for the post of helper as a result of which the service of the petitioner came to be terminated vide order dated 10.4.1995 on the basis of the medical certificate dated 22.12.1994 issued by Civil Surgeon at Amreli.

(2.) The petitioner thereafter submitted an application to the respondent on 20.10.1994 with a request to recategorise him from the post of conductor to that of helper for which the petitioner is declared fit by the Civil Hospital which came to be rejected by the central office of the respondent-Corporation.

(3.) The petitioner, therefore, by filing this petition, has inter alia contended that the termination order is contrary to the principles of natural justice and violative of provisions of the settlement dated 26.2.1771, Schedule II, item No. 2 (K). It is, therefore, the case of the petitioner mat he is entitled to recategorisation for the post of helper.