X Vs. TRANSPORT MINISTRY, GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) Considering the nature of the dispute involved, in the cause title, we are suppressing the name of the Petitioner. The case made out in the petition is that the employer of the Petitioner, the Maharashtra State Road Transport Corporation (for short "MSRTC") has victimized the Petitioner by depriving him of his employment on the ground that he has been tested positive for Human Immunodeficiency Virus(for short "HIV"). Brief reference to few factual aspects will be necessary at this stage. The Petitioner was regularly employed as a Driver with MSRTC. The case made out by the Petitioner in this petition is that he was a permanent employee of the MSRTC. There is no dispute about this factual aspect. The case made out in this petition is that in the year 2008, the Petitioner was tested HIV positive. On 8th April 2008, a certificate was issued by ART Center, Department of Medicine, B.J. Medical College, Sassoon General Hospitals, Pune stating that the Petitioner has got registered with ART (Anti Retro-viral) Centre and is required to come to ART center regularly for checkup and collecting medicines. It is not in dispute that ART Centres are established to treat the patients who are tested HIV positive. On 18th September 2009, the Depot Manager of the Depot of Bhor, MSRTC addressed a letter to the Divisional Controller of MSRTC at Pune. The said letter records that the Petitioner has been affected with HIV and therefore, he is remaining absent from the duty time and again. A request was made to subject the Petitioner to the medical examination. Accordingly, Petitioner was subjected to medical examination. On 4th September 2009, the Medical Superintendent, the Sassoon General Hospitals, Pune addressed a letter to the Divisional Controller of the MSRTC, Pune recording that after the medical examination, it was found that the Petitioner is fit to work as a driver. Subsequently, on 8th February 2010, the Medical Superintendent of the same hospital issued a certificate that the Petitioner should be given a light duty for which he is fit. On 8th February 2012, the Divisional Controller of MSRTC, Pune addressed a letter to the Petitioner based on the said certificate dated 8th February 2012 informing him to remain present in Divisional Office of the said Corporation at Pune. It is recorded therein that till the Petitioner was medically examined, in view of the said certificate dated 8th February 2012, he will be given a light work. The letter further records that he will be sent to the Sassoon General Hospital for medical examination and on the basis of the medical report, necessary action will be taken. It appears that on 15th May 2012, the Medical Superintendent of the Sassoon Hospital addressed a letter to the Divisional Controller of MSRTC which reads thus:

(2.) On the very day, the Divisional Controller passed the impugned order relying upon the very certificate dated 15th May 2012. What is stated in the certificate was quoted therein and it was observed that the Petitioner was medically unfit to drive heavy vehicles and therefore, from 15th May 2012, he has been removed from the employment.

(3.) The present petition is filed in June 2012. The substantive prayer in this petition is for reinstatement of the Petitioner with a direction to the employer to assign a suitable job to him for protecting his livelihood. There is also a prayer to direct the respondents to tender an apology and to grant suitable compensation. There are other prayers made seeking reliefs which are general in nature.