Sunil Ambwani, J. - (1.) Heard Sri Ajay Bhanot and Sri S.K. Pandey for the petitioner, and Sri M. M. Sahai for U.P.State Road Transport Corporation Ltd.
(2.) The U.P.State Road Transport Corporation established and incorporated under the U.P.Road Transport Corporation Act, is wholly owned and controlled by the State Government and is an instrumentality of the State. It falls within the meaning of State under Article 12 of the Constitution of India. The service conditions of the employees of the Corporation arc regulated by the U.P.Road Transport Corporation (Employees other than Officers) Service Regulations, 1981.
(3.) The petitioner was appointed as a Driver in the Corporation in the year 1990. After serving for a long period he fell ill and proceeded on medical leave. On medical examination he was found to be suffering from 'Carcinoma Urinary Bladder', and could not attend duties for a long period of-time. The Medical Board chaired by Divisional Medical Board/Additional Director, Medical, Health and Family Welfare, Agra Division, Agra carried out medical examination. The Board certified him on 28.7.2000 to be unfit for carrying out duties as a Driver.;