CANTONMENT BOARD Vs. SHAMBHU

JUDGEMENT

(1.) Heard Mr. S. D. Dubey, learned Counsel for the Appellants-Board and Mr. M. M. Sahal, learned Counsel for Respondent No. 1-writ Petitioner.

(2.) This special appeal questions the correctness of the judgment and order of the learned single Judge dated 10.8.2006, whereby the writ petition filed by Respondent No. 1-writ Petitioner, who is a Class-IV employee (Sweeper) in the Cantonment Board, Varanasi, has been allowed and a direction has been issued to the Cantonment Board to get Respondent No. 1-writ Petitioner medically examined. Further direction has been issued to the effect that the services of Respondent No. 1-writ Petitioner shall not be terminated until he is certified to be completely unfit for work and after giving him a proper opportunity of hearing and medical examination. Learned single Judge also directed that all benefits, to which Respondent No. 1-writ Petitioner was entitled, shall be paid to him.

(3.) The appeal was entertained and an interim order was passed on 10.10.2006. The operative portion of the interim order is to the following effect: