Deepak Gupta, J. - (1.)BOTH these appeals are being decided by a common judgment since they arise out of one judgment.
(2.)THE admitted facts are that Sh. Puran Dutt (hereinafter referred to as the Petitioner) was appointed as Driver in the Himachal Road Transport Corporation (hereinafter referred to as the HRTC) on 20.12.1990. He, unfortunately, met with an accident and remained hospitalized from 30.7.1999 to 20.12.1999, when he was declared fit to resume duties. However, the doctors advised that he should be given light duty. Consequently, he was posted in the Garage Section and was assigned light duties. This is apparent from Annexures A -2 to A -4 attached with the Original Application.
Vide letter dated 25.3.2000, the Petitioner was directed to appear before the Chief Medical Officer, Deen Dayal Upadhyay Hospital, Shimla. He was examined by the Medical Board. The Medical Board opined that the Petitioner was not fit to drive a vehicle but he was declared fit to do other light duties. Certificate issued in this behalf is attached as Annexure A -6 to the O.A. Thereafter, the HRTC vide Annexures A -7 to A -10 again assigned light duties to the Petitioner. The Petitioner was again examined by the Medical Board after one year. The Medical Board vide its certificate Annexure A -12 advised that the Petitioner should be given sedentary job. The HRTC complied with these directions.

(3.)SUDDENLY , about two years after he had been given light duties, the Petitioner was again directed to make himself available before the CMO, Deen Dayal Upadhyay Hospital, Shimla who constituted a Medical Board to examine the Petitioner in the month of July, 2001. The Medical Board vide Annexure A -14 dated 3.8.2001 found that the Petitioner was unfit to perform the duties of a driver. Consequently, the Petitioner was retired from service on medical grounds vide order dated 19.9.2001.