Partly allowed

Transport Commissioner, Maharashtra State v. Miss. Neelima D/O Anant Surve

Bombay HC25 Sept 2014CAW/2695/2014

Case brief

AI extract

What is this about?

Transport Commissioner moved to modify Court directions on providing adapted scooters to disabled employees. The Court substituted directions to allow employees to buy scooters from authorized dealers after medical certification, with RTO verification and licensing within specific timelines.

What did the court decide?

Modification of order: Para 5 substituted with detailed procedure for medical certification, purchase of adapted scooter from authorised dealer, RTO verification, and issuance of learner's and regular

Transport Commissioner, Maharashtra State Vs Miss… — Service and Employment | Bombay HC (2014)

¶1

cast-22677-14.sxw

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (STAMP) NO.22677 OF 2014 IN

¶3

WRIT PETITION NO.3294 OF 2010

¶4

Miss Neelima d/o. Anand Surve ... Petitioner Versus The State of Maharashtra and others. ... Respondents And Transport Commissioner, Maharashtra State, Mumbai. … Applicant

¶5

Mr. G.W. Mattos, AGP for respondent-State.

¶6

CORAM : MOHIT S. SHAH, C.J. & M.S. SONAK, J. DATED : 25 September , 2014

¶7

P.C.

¶8

Not on board. Upon mentioning, taken on board.

¶9

The Transport Commissioner, Maharashtra State has moved this application for seeking modification of the directions contained in para 5 of the order dated 24 March 2014 of this Court in Writ Petition No. 3294 of 2010 which has been treated as PIL.

¶10

By order dated 24 March 2014, this court has given directions to the State Government to take necessary steps for providing the employees with disabilities to the required safe device gadget software including the vehicles with adaptors to SRK 1 of 5

¶11

cast-22677-14.sxw

¶12

be provided to the employees with locomotor disabilities. The modification of the direction in para 5 of the order is sought on the ground of certain practical procedural difficulties.

¶13

Having heard Mr. Mattos, learned AGP, we make the following modification and accordingly substitute para 5 of the order by the following:-

¶14

The Government employee with locomotory disability will first get certificate from the competent Medical Officer from the concerned District Civil Hospital indicating the kind of disability, degree of disability and also the medical certificate stating whether the concerned employee can drive a particular vehicle with adaptor.

¶15

After an employee gets such a medical certificate, he would approach the concerned administrative department of the State Government through his immediate superior to provide the employee with a scooter with adaptor. The concerned Government office will then release funds by transmitting the amount to the concerned dealer from whom the vehicle is purchased. The employee will select a dealer from out of the list of authorised dealers or the Government may directly provide the vehicle with the adaptor within six weeks of the employee approaching the Government with the necessary medical certificate. After the scooter is retrofitted with the adaptor, the same will have to be produced by the employee SRK 2 of 5

¶16

2 of 5

¶17

cast-22677-14.sxw

¶18

before the RTO to enable the RTO to verify whether the retrofitting job is done by the authorised agency in consonance with the modification as shown in the medical certificate. The RTO would also have to verify whether the retrofitted scooter with adaptor is suitable for the concerned employee to drive.

¶19

After such satisfaction, RTO will issue registration number to the said scooter with adaptor and also issue learner's licence to the concerned Government employee with locomotor disability. Such learner's licence will also indicate the registration number of the scooter with adaptor enumerated therein.

¶20

The RTO will see that the aforesaid procedure is completed within the reasonable time which should ordinarily not beyond one month from the date the employee approaches the RTO with the scooter with adaptor.

¶21

After the employee passes the test of competence to drive, during the period of the validity of the learner's licence, regular licence will be issued to the concerned Government employee.

¶22

Accordingly, the order dated 24 March 2014 stands

modified.

3 of 5

SRK

cast-22677-14.sxw

Since each employee with locomotory disability will require retrofitting to be provided in a scooter depending on his/her individual requirement, the Government shall permit the employee to purchase a scooter/two wheeler with the necessary adaptor as per the requirements of the concerned Government employee. The Government may at the most prepare a list of authorised dealers from whom the scooter/two wheeler may be purchase.

¶28

It is directed that as and when the concerned Government employee with disability approaches the government with the necessary medical certificate, the required device/gadget/scooter with adaptor will be provided to the said employee within two months of making the application without waiting for any further orders of this Court or without requiring the employee to comply with any other formalities and in consonance with our directions given in all our previous orders.

¶29

Civil application stands disposed of.Office to number the civil application.

¶30

The parties to act on an ordinary copy of this order duly authenticated by Court Associate.

CHIEF JUSTICE

4 of 5

SRK

cast-22677-14.sxw

M.S. SONAK, J.

5 of 5

SRK

Transport Commissioner, Maharashtra State v. Miss. Neelima D/O Anant Surve

Case brief

What is this about?

What did the court decide?

Transport Commissioner, Maharashtra State v. Miss. Neelima D/O Anant Surve

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shahnaz Jahan Saeed and Anr. Vs Union of India, through Joint Secretary, Ministry of External Affairs (Haj Cell) and Ors.

Goldmines Telefilms Pvt. Ltd. Vs Reliance Big Entertainment Pvt. Ltd. and Anr.

Maharashtra State Scale Industries Development Corporation Vs M/S Thakkar Warehousing Agency

Sanjay Kumar Lalit Vs the Union of India and 2 Others

Meera Sanyal and Anr. Vs Union of India and 3 Ors.

Ram Baburao Salve Vs the Board of Trustees of the Port of Bombay and Ors.