E HUMAYUN SHERIFF Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner has come forward to file the present writ petition seeking for a direction to the respondent State owned transport corporation to comply with Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights And Full Participation) Act, 1995 (for short Disabilities Act) and to grant same scale of pay and other service benefits.

(2.) The writ petition was admitted on 22.10.2009. On notice from this Court, the respondent has filed a counter affidavit, dated 30.4.2010, to which the petitioner has filed a rejoinder dated 30.4.2010.

(3.) The case of the petitioner was that he joined as a driver in the respondent transport corporation on 28.1.1982. While he was on duty on 5.5.1995 in the route No. 76B, his bus met with an accident. The petitioner was also injured in the incident. He had to undergo necessary treatment from 5.5.1995 to 15.11.1995. His case was referred to the Medical Board. The Medical Board by its report dated 14.5.1997 found that the petitioner was not fit to work as a driver. Thereafter, the petitioner was given a show cause notice as to why he should not be discharged from duty on grounds of medical unfitness. After receiving the petitioner's explanation, he was discharged from duty on 31.7.1997. The petitioner gave his representation that he should be given an alternate job. By an order, dated 6.11.1997, the petitioner was given an appointment as a Junior Clerk as a fresh entrant in terms of G.O. Ms. No. 746, Transport Department, dated 2.7.1981.