Court No. - 6
Case :- WRIT - A No. - 10424 of 2018 Petitioner :- Vijendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhanshu Singh,Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.,Adarsh Bhushan
Hon'ble B. Amit Sthalekar,J.
Heard Shri Sudhanshu Singh, learned counsel for the petitioner, Shri Adarsh Bhushan, learned counsel for the respondents no.2 & 3 and the learned Standing Counsel for the respondent no.1.
The petitioner is seeking a direction to the respondents not to send him for medical examination again and again and also to take lighter work from him other than that of Driver.
It is not disputed that the petitioner is working as a Driver under the respondents no.2 & 3. He was declared medically unfit by the three member Medical Board on 25.06.2015. Thereafter again on 08.09.2016 there is a medical prescription of S.N. Medical College & Hospital, Agra stating that no driving work be taken from the petitioner but this is only a medical prescription and does not declare the petitioner to be permanently unfit for driving. There is another report dated 05.10.2016 which declares the petitioner to be suffering from 45% permanent physical impairment/blindness (page 26 of the writ petition). In respect of his claim the petitioner is stated to have preferred several representations before the respondents-authorities but no action has been taken by the respondents.
No useful purpose would be served by keeping this writ petition pending.
The writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with the direction that if the petitioner prefers a fresh representation before the respondent no.3, Regional Manager, Uttar Pradesh State Road Transport Corporation, Mathura raising all his grievances as raised in the present writ petition alongwith all his medical certificates within a period of 15 days from today alongwith the certified copy of this order, the respondent no.3 shall consider and decide the same in accordance with law within a further period of two months. The respondent no.3 shall also refer the petitioner for re-examining him before the fresh Medical Board, as the case may be.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 24.4.2018 N Tiwari