Dtc v. Manmohan
Case brief
What is this about?
This writ petition challenged an order where the Central Administrative Tribunal quashed the premature retirement of a DTC conductor and directed reinstatement based on Section 47 of the Persons with Disabilities Act. The High Court dismissed the writ petition, holding no illegality in the Tribunal's order.
What did the court decide?
The writ petition challenging the Tribunal's order was dismissed. The respondent is entitled to reinstatement on a deemed basis or alternative employment.
What the court decided
_ HIGH COURT OF DELHI AT NEW DELHI_*
+ W.P.(C) No.7696/2010 & CM 19998/2010
% Date of Decision: March 7, 2011
Delhi Transport Corporation …Petitioner
Through Ms.Avnish Ahlawat with Ms.Latika Chaudhary, Advocates
Versus
Sh.Manmohan …. Respondent
Through Mr.Som Dutt Kaushik, Advocate
CORAM:
HON’BLE MR. JUSTICE ANIL KUMAR HON’BLE MS. JUSTICE VEENA BIRBAL
1. Whether reporters of Local papers may be allowed to see the judgment? No
2. To be referred to the reporter or not? Yes
Issues for consideration
3 issues framed by the court
Whether the petitioner-DTC was liable to treat the respondent as covered under Section 47 of the Persons with Disabilities Act due to disability acquired during service.
Whether the Tribunal's order quashing the premature retirement and directing reinstatement on a deemed basis should be upheld.
Whether the issue of applicability of Section 47 was barred as it was not raised in the earlier applications before the Tribunal.
Parties & counsel
- petitioner
Delhi Transport Corporation
- respondent
Sh. Manmohan
Coram
Anil Kumar
Case details
As recorded by the court registry
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