Sadh Ram vs Delhi Transport Corporation And ...
2002 Latest Caselaw 124 Del

ORDER

Sanjay Kishan Kaul, J.

1. This additional affidavit has been filed by the respondents in he Court today which is taken or record. It is stated in the affidavit that after examination by the Medical Board the petitioner has been declared unfit for the post of driver.

2. This issue has already been examined in Rajbir Singh v. Delhi Transport Corporation and Ors. , holding that such a person is entitled to be considered for employment under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

3. The writ petition is thus allowed and the order dated 27.11.1995 where by the petitioner was denied alternative employment of equal level as a driver and t he order of termination dated 21.6.1996 both passed by the respondent-Corporation are hereby quashed. Respondents are directed to take the petitioner back into service and pay the salary from the date when respondent stopped paying full salary after termination of his service. The petitioner would be treated as in continuous employment without any break in service. In case the petitioner is not fit to perform duty which he was performing since the initial appointment till his disability, the respondent shall deal with the case of he petitioner in terms of proviso to tion 47 of the said Act.

3. Parties to bear their own costs.

C.M. No. 9613/2001

4. Dismissed as infructuous.