The court disposed of a writ petition challenging a direction for the petitioner to be examined by a medical board to join driver duty after previously being declared unfit, ordering a fresh examination by the Medical Board.
Executor directed to get petitioner examined afresh by Medical Board and pass fresh order based on report within two months.
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Court No. - 2
Case :- WRIT - A No. - 6194 of 2018
Petitioner :- Narendra Pal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhitab Kumar Tiwari Counsel for Respondent :- C.S.C.,Rahul Agarwal
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Abhitab Kumar Tiwari for the petitioner, Standing Counsel for State of U.P. and Sri Deepak Kumar Singh, holding brief of Sri Rahul Agarwal for U.P. State Road Transport Corporation.
This writ petition has been filed against the order of Assistant Regional Manager dated 25.12.2017, by which the petitioner was directed to obtain a fitness certificate from the Doctor and join the duty of Driver, failing which, disciplinary proceeding shall be initiated against him.
It has been stated that the petitioner was appointed as Driver in U.P. State Road Transport Corporation in the year 1987. On 25.5.2009, the petitioner met with an accident and suffered severe bodily injuries. Thereafter, the petitioner was examined by Medical Board constituted by the Department on 19.10.2010 and according to the medical report, the petitioner was not fit for the duty of Driver, therefore, he was assigned a light duty, according to the Circular of the Department. Now by the impugned order, the petitioner was required to obtain a medical certificate relating to his fitness and join the services. He submits that the petitioner is not fit for driving duty and therefore, the requirement by the impugned order from the petitioner is an impossibility for him.
In the facts of the case, the writ petition is disposed of directing Assistant Regional Manager to get the petitioner examined afresh by the Medical Board and on the basis of report of the Medical Board, pass a fresh order in accordance with the report, within two months from the date of producing a certified copy of this order before him.
Order Date :- 20.2.2018 Jaideep/-
1 issue framed by the court
Whether the petitioner, declared unfit for driving duty by a medical board in 2010, is correctly directed to undergo fresh examination to resume driving service.
Narendra Pal
State Of U.P.
Ram Surat Ram
As recorded by the court registry
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