LAXMI KANT SHARMA Vs. STATE OF U P AND 5 ORS
LAWS(ALL)-2018-1-403
HIGH COURT OF ALLAHABAD
Decided on January 18,2018

Laxmi Kant Sharma Appellant
VERSUS
State Of U P And 5 Ors Respondents

JUDGEMENT

Siddharth, J. - (1.) Heard Sri Samir Sharma, learned Counsel for the petitioner and Sri Sunil Kumar Misra, learned Counsel for the respondents.
(2.) This writ petition was filed by the petitioner, praying for a direction to the respondents to pay the salary of the petitioner for the period of 01.04.2014 to 11.06.2015, along with interest @ 12% and to restore the earned medical leave of the petitioner, w.e.f., April, 2014 to July, 2014, which he was forced to avail during the aforesaid period, by the respondent Corporation.
(3.) The brief facts of the case are that the petitioner was appointed on the post of Driver in the U.P. State Road Transport Corporation (hereinafter referred to as "Corporation" only) in the year 1989. In the year 1991, the Corporation bus being driven by him met with an accident and the petitioner suffered serious injuries in his eyes and became partially blind. Due to partial blindness, he was given alternative duty in the year 1991 in Regional Workshop of the Corporation at Jhunsi, Allahabad. The petitioner was medically examined in the year 1994 and was found permanently unfit for the work of driver by the Medical Officer of the Corporation Headquarter at Lucknow, as per Certificate dated 16.08.1994. By an order no.423, dated 20.02.2014, the petitioner was relieved from duty by the respondent no.6, Service Manager, U.P.S.R.T.C., Jhunsi, Allahabad, on Medical Leave for getting his medical examination conducted and after his Medical Examination, he was permitted to work upto 31.03.2014, but w.e.f., 01.04.2014, he was relieved from duty, on the ground that his medical examination report has not been received.;


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