- (1.) This special appeal has arisen from an order of the learned Single Judge dated 15 July 2015.
(2.) A writ petition was filed before the learned Single Judge by Virendra Yadav, the seventh respondent who is working as a driver in the Deoria Depot of the U.P. State Road Transport Corporation1. The petition challenged an order of transfer to the Sonauli Depot. The petition pleaded a ground of inconvenience and the physical unfitness of the seventh respondent. The learned Single Judge observed that the seventh respondent, who had moved a representation, may pursue it. The learned Single Judge held that there was no need for a direction of the Court and hence, the petition was disposed of.
(3.) The matter ought to have rested with the disposal of the writ petition, following the well settled principle circumscribing the jurisdiction under Article 226 in a matter relating to transfer which is an exigency of service. However, the learned Single Judge also issued the following directions: "Experience reveal(s) that large number of petition(s) are filed before this Court by Driver(s) of UPSRTC with a prayer that they are medically unfit therefore they are unable to perform their duties. In one such case the Court directed the learned Standing Counsel to submit a list of such Drivers who state that they are medically unfit. The Managing Director, UPSRTC, Lucknow is directed to prepare a list of all the Drivers of UPSRTC in the State of Uttar Pradesh who have moved application that they are medically unfit. The Managing Director shall constitute a Committee to look after the compulsory retirement of all those Drivers who are stated to be medically unfit and have completed more than requisite number of years of service. Let a xerox copy of this order be provided to Sri Vikram Bahadur Yadav, learned Standing Counsel without payment of usual charges for communication and compliance of this order to the Managing Director, UPSRTC, Lucknow. The Managing Director shall communicate about compliance of this order to the Registrar General of this Court. The Registrar General shall get it placed on the record of this case.";