JOHN PETER Vs. GENERAL MANAGER

JUDGEMENT

(1.) The brief facts leading to the Writ Petition are as follows: The petitioner was employed as conductor in the erstwhile Pandian Roadways Corporation on daily wages from the year 1976. When the said Corporation was bifurcated in the year 1983, the petitioner was allotted to Maruthupandiar Transport Corporation and his services were regularised with effect from 1.10.1978 as conductor. Thereafter all Transport Corporations were brought under the Respondent Corporation and from then onwards, the petitioner was continuously working in the respondent Transport Corporation. While he was on duty as conductor in the bus bearing Registration No. TN-67-N-0022 owned by the Respondent Corporation, plying between Madurai and Ramanathapuram, the said bus met with an accident on 15.12.1997 and the petitioner sustained grievous multiple injuries like fracture in the forearm, shortening of leg by six inches, fracture in the left knee and fracture in left hip. He was admitted in the Government Hospital, Ramanathapuram and was later discharged after the ailments were cured. On 10.7.1998, the petitioner wrote to the respondent to provide alternate employment as he may not be in a position to work as a conductor. He was subjected to medical examination before the Medical Board, Government Headquarters Hospital, Ramanathapuram which certified on 21.8.1998 to the effect that " he is fit for duty other than the conductor duty which requires working in billing posting". Inspite of the said recommendation of the Medical Board, by the impugned order dated 29.10.1998, the petitioner was removed from service on medical grounds and the said order is challenged in this Writ Petition.

(2.) The question arises for consideration is as to whether the petitioner could be removed from service on the ground that he was incapacitated to hold the post of conductor.

(3.) The right of the petitioner to continue in employment shall be considered with reference to his right to livelihood. Article 21 of the Constitution of India reads as follows: