- (1.) Heard Mr. S. D. Dubey, learned Counsel for the Appellants-Board and Mr. M. M. Sahal, learned Counsel for Respondent No. 1-writ Petitioner.
(2.) This special appeal questions the correctness of the judgment and order of the learned single Judge dated 10.8.2006, whereby the writ petition filed by Respondent No. 1-writ Petitioner, who is a Class-IV employee (Sweeper) in the Cantonment Board, Varanasi, has been allowed and a direction has been issued to the Cantonment Board to get Respondent No. 1-writ Petitioner medically examined. Further direction has been issued to the effect that the services of Respondent No. 1-writ Petitioner shall not be terminated until he is certified to be completely unfit for work and after giving him a proper opportunity of hearing and medical examination. Learned single Judge also directed that all benefits, to which Respondent No. 1-writ Petitioner was entitled, shall be paid to him.
(3.) The appeal was entertained and an interim order was passed on 10.10.2006. The operative portion of the interim order is to the following effect: The impugned order will remain stayed until further orders of Court, if and only if Rs. 1,25,000 (One lac twenty five thousand) is paid to the writ Petitioner within a period of two weeks hereof. It is made clear that the Appellant will be under an obligation only to make an offer of payment and it is up to the writ Petitioner to present himself and accept the money. Payment and acceptance will be without prejudice. The writ Petitioner will offer himself for examination by a Medical Board of the Cantonment, Varanasi and the report of the examination shall be filed in Court on the next date of hearing. The Medical Board shall be of the choice of the Cantonment Board. It will be the duty of the writ Petitioner to present himself regularly to obtain information as to when his examination is scheduled to be made. In case the writ Petitioner leaves an address for communication to him with the Cantonment Board within a period of a fortnight from the date hereof, then and in that event, notice for the medical examination might be sent to that address. Let the matter be listed after four weeks.;