Court No. - 43
Case :- WRIT - A No. - 6730 of 2019 Petitioner :- Som Veer Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeet Kumar Mishra Counsel for Respondent :- C.S.C.,Vishesh Kumar Gupta
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a driver in U.P.S.R.T.C. He is about 54 years' of age. It is alleged that he is suffering from various physical disability/ailment and the competent Board has also certified his disability to the extent of 47%. According to petitioner, upon his request to be awarded light duty, the respondents themselves got various medical examinations done of the petitioner but have not taken a particular decision in the matter. Thus aggrieved, petitioner is before this Court.
Sri Vishesh Kumar Gupta appearing for the U.P.S.R.T.C. authorities submits that such claim of petitioner would be dealt with by the competent authority, in accordance with law. Sri Gupta further points out that petitioner has remained absent from duty and even disciplinary action has also been initiated against him.
The aspect of disciplinary authority, if any, is not the subject matter of issue in this petition. It is always open for the competent authorities to proceed in that regard, in accordance with law. So far as physical disability of petitioner towards performing the work of driver in the Corporation is concerned, it would be appropriate to direct the Regional Manager of the Corporation to examine the grievance of petitioner in that regard. Petitioner shall be at liberty to annex all relevant materials in support of his plea of physical disability, alongwith certified copy of this order, within two weeks from today. The claim of petitioner would be dealt with, by passing an appropriate order, within a further period of six weeks, thereafter.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 30.4.2019 Anil