Court No. - 34
Case :- WRIT - A No. - 8752 of 2021 Petitioner :- Shreeram Respondent :- State of U.P. and Others Counsel for Petitioner :- Rang Nath Pandey,Rahul Pandey Counsel for Respondent :- Anadi Krishna Narayana
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
The petitioner asserts that he had met with a serious accident during the course of employment with the Corporation, as a result of which, he could not perform the duties of Driver. Disciplinary action was taken by the respondents against the petitioner in light of his continued absence. The order of punishment was however modified by the revisional authority in terms of the order dated 12 February 2021. The Court is apprised that after being taken back in service, the petitioner was posted at Aligarh Depot but he chose not to render services there and has remained absent from 25 June 2021.
Sri Anadi Krishna Narayan, learned counsel representing the Corporation states that if it be the case of the petitioner that he is unable to discharge duties attached to the post of Driver, he would be obliged to approach the Assistant Regional Manager, Aligarh Depot making the aforesaid grievance known so that his case may be referred to the appropriate Medical Board for appraisal.
In view of the aforesaid and bearing in mind the nature of claims which are raised, the Court finds no justification to continue this petition on its board and finds that the ends of justice would merit its disposal leaving it open to the petitioner to approach the Assistant Regional Manager concerned for redressal of his grievance. In case it is found that the circumstances warrant the referral of his case to the appropriate State Medical Board, it shall be open to the Assistant Regional Manager to take further action in this regard.
Subject to the aforesaid observations, this petition shall stand disposed of.
Order Date :- 12.8.2021 Vivek Kr.
Digitally signed by Justice Yashwant Varma Date: 2021.08.13 10:51:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad