S MOHAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner prays for the issue of a writ of certiorarified Mandamus, to call for the award passed by the first respondent in I. D. No. 86/94 dated 23. 5. 1995,quash the same and to direct the second respondent to appoint the petitioner in a suitable post protecting his last drawn pay with all the arrears of pay and attendant benefits.

(2.) THE petitioner joined service in the second respondent corporation as driver on 29. 6. 1990 on daily wages of Rs. 40/ -. A new order of appointment dated 5. 10. 1991 was issued to the petitioner and he was posted to pondicherry Branch and his posting order was issued on 17. 10. 1991. He had completed all the requirements of making caution deposit, contribution to Medical College and Engineering College and the other deposits as required under the order of appointment. On 6. 4. 1992 at midnight, while he was driving the bus towards Madras, one lorry coming from the opposite direction in rash and negligent manner, dashed against the bus and the petitioner suffered injuries on his right eye. THE injury resulted in the petitioner completely losing his vision of his right eye.

(3.) FURTHER reference is made to the Judgment in Kunal singh -vs- Union of India and another (JT 2003 (2)SC 132 ). While interpreting the provisions of the Act, Supreme Court held that the Service Rule governing the employee was held to be not applicable in view of the provisions of the Act and that the petitioner was entitled to be given an alternate employment in terms of Section 47 of the said Act.