Sd.Q. Hussain, v. The Telangana State Road Transport Corporation,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.23984 OF 2018 Dated:28.08.2018 Between:

SD.Q. Hussain, S/o. Syed Ahmed Hussain, aged about 50 years, Occ: Driver, R/o.H.No.1-1-669/5, Rakasipet, Bhodan, Nizamabad, Nizamabad District .. Petitioner And The Telangana State Road Transport Corporation, rep., by its Managing Director, Musheerabad, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.23984 OF 2018 ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel for Telangana State Road Transport Corporation (TSRTC) appearing for the respondents.

2.

Petitioner was appointed as Driver in TSRTC. He claims that he cannot undertake the job of driving and therefore he should be given alternative employment instead of continuing him as Driver. 3.

Petitioner placed reliance on medical record of 2015. The material on record would disclose that so far no representation was made by petitioner requesting to subject him for medical examination about his fitness.

4.

On the contrary, learned Standing Counsel for the TSRTC submits that in fact in January, 2016 and on 04.04.2017, medical examination was conducted and petitioner was declared as 'Fit for Driver in A1 category'.

5.

The Court is not expressing any opinion on the earlier medical reports. If petitioner contends that he is not medically fit to discharge the duty of Driver, it is always open to him to make a representation with supporting material to show that he is unwell and cannot discharge the duties of a Driver. If such a representation is made, it is open to the competent authority to consider the said representation and take appropriate decision as warranted in law.

6.

The Writ Petition is accordingly disposed of. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:28.08.2018 KH