M Butchi Raju Krishna Dist. v. M.D. Apsrtc Hyd And 2 Othrs

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.22215 of 2016

ORDER

This writ petition is filed seeking to declare the action of the respondents in issuing termination order vide proceedings dated 9.4.2014 without conducting any enquiry, without following due process of law and not providing any alternative employment, as arbitrary and illegal.

The petitioner was appointed as Driver in the 3rd respondent-Corporation. While working as driver, the respondent-corporation directed him to undergo periodical medical examination and he was declared unfit to perform the duties of Driver under A1 category vide medical report dated 15.1.2013. He was sent to Medical Board at Tarnaka, Hyderabad, and the Medical Board also came to the conclusion that he was unfit for the post of Driver vide proceedings dated 5.2.2013.

Therefore, the 3rd respondent vide proceedings dated 9.4.2014 terminated the services of the petitioner. Thereafter, he got examined himself at Shankara Eye Care Institutions, where it was noticed that he was not suffering from colour blindness. Though he was found unfit for the post of Driver as opined by the doctors of the respondent-Corporation, no alternative employment was given to the

petitioner. In these circumstances, he submitted a letter dated 24.1.2014 to the 3rd respondent to refer him to the Medical Board for re-examination. When the same was not considered, the present writ petition was filed challenging the order of termination dated 9.4.2014.

When the matter is taken up for hearing, learned counsel on either side consented that this writ petition can be disposed of giving liberty to the petitioner to submit a representation afresh to the 3rd respondent to refer his case to a Medical Board for re-examination keeping in view the medical certificate issued by the private organization and consider his case for employment either as Driver or in any other suitable post.

In view of the same, without expressing any opinion on the merits of the case, this Writ Petition is disposed of giving liberty to the petitioner to submit a representation to the 3rd respondent within a period of four weeks from the date of receipt of a copy of this order. The 3rd respondent is directed to consider the representation stated to have been filed by the petitioner and take necessary action in accordance with law within a period of eight weeks thereafter. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________________ JUSTICE A.RAMALINGESWARA RAO 18th July, 2016 rkk