Firoz Khan S/O Yusuf Khan Pathan vs Divisional Controller, Maha. ...
2022 Latest Caselaw 9936 Bom

Judgment                                   1         938.wp.2111.2022judg.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.

                    WRIT PETITION NO.2111 OF 2022

     Firoz Khan S/o. Yusuf Khan Pathan,
     Aged 48 Yrs., Occu.: Service,
     R/o. Jalnagar, Behind Sapana Talkies,
     Chandrapur-442 401                            .... PETITIONER

                                  // VERSUS //

    Divisional Controller,
    Maharashtra State Road
    Transport Corporation,
    Division Office, Durgapur
    Road, Tukum, Chandrapur-442 401             .... RESPONDENT
___________________________________________________________________
      Mr S.A. Nerkar, Advocate for petitioner
      Mr P. A. Gode, Advocate for respondent
__________________________________________________________________
                      CORAM : SUNIL B. SHUKRE AND
                               G. A. SANAP, JJ.

DATED : 28.09.2022

ORAL JUDGMENT : (PER : SUNIL B. SHUKRE, J.)

1] Heard. Rule. Rule made returnable forthwith. Heard finally

by consent of learned counsel appearing for the parties.

2] The medical certificate which has been issued subsequent

to the disability certificate, obtained by the petitioner shows that now

he is fit for performing duty of a peon. The petitioner was working as a

driver and while in service, suffered disability. The disability suffered

by him is to the extent of 50% and this is in the nature of CVR Right Judgment 2 938.wp.2111.2022judg.odt

Hemiplegia, which is a form of paralysis as stated by learned counsel

for the petitioner. Learned counsel for the petitioner submits that this

disability is developed by the petitioner in his right forearm. The

disability certificate shows that it is a kind of locomotor disability. So,

this fact would show that it is not the case that petitioner is confined to

bed or unable to make any movement. The movement restriction is

only on account of the hemiplegia suffered by him in his right forearm

and that too to the extent of 50%.

3] Against the above referred background of facts, the

medical certificate issued subsequently by the Medical Board specially

constituted by respondent would have to be read. It certifies the

petitioner, as stated earlier, as fit for duty as a Peon. If this is so, we

direct the respondent to provide employment to the petitioner, subject

to the condition that the pay of the petitioner in the pay scale

applicable to the driver and other benefits applicable to the post of

driver shall stand protected till his retirement.

4] Rule is made absolute in the above terms. No costs.

Signed By:KAVITA PRAVIN TAYADE (G. A. SANAP, J.) (SUNIL B. SHUKRE, J.) P. A.

Kavita Signing Date:29.09.2022 17:13