SIYA RAM Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Shri Ashok Kumar Nigam, the learned counsel for the petitioner and learned Standing Counsel for respondents.

(2.) The petitioner has preferred the present writ petition, challenging the order dated 31.5.1999 passed by the third respondent, namely Officer Incharge, Collectorate, Rampur, (Annexure-3 to the writ petition), to the extent of reducing pay-scale of the petitioner from Driver to Class-IV employee. A further prayer was made to issue a mandamus commanding the respondents to provide the arrear of salary to the petitioner for the period from 31.5.1999 till date.

(3.) Few facts need to be mentioned for disposal of this writ petition are that the petitioner was initially appointed on the post of Peon, vide order dated 3.9.1984. Subsequently, on the recommendation of the Departmental Selection Committee, he was appointed as Jeep Driver on 21.12.1988. The aforesaid order of the petitioner is a fresh appointment and not a promotion from the post of Peon. After one year, the service of the petitioner was regularized. While discharging his duties as Driver, the petitioner met with an accident. The aforesaid accident of the petitioner was taken place during the course of his employment. The petitioner suffered serious fetal injuries. Due to the aforesaid, the petitioner was not able to join his duty for more than 1 year and 3 months and for the aforesaid period, he was remained on medical leave. Ultimately, after the petitioner recovered from the injury, he got himself medically examined by the doctor and submitted his joining report along with fitness certificate before the District Magistrate. Subsequently, the petitioner was also examined by the Medical Board for the purpose of ascertain as to whether he could drive the vehicle or not. The Medical Board has submitted his recommendation/report on 18.5.1999 recommending that the petitioner was not capable of discharging the duties of driver, however, normal official works could be taken from him. On the basis of that report, the petitioner was reverted from the post of Driver to Class IV employee and also reduction in the pay scale as was being paid to the petitioner as Driver. From the date of his joining, i.e., May 1999, the petitioner was discharging his duties regularly.