Mohammad Rafio, J. - (1.) BY this writ petition, order of assignment of the work of Driver has been challenged by the petitioner. It is submitted by learned counsel for petitioner that taking note of the medical unfitness of the petitioner to discharge the duties of the Driver, he was assigned stationary duties, however, now, vide impugned order, petitioner has been asked to discharge duties of Driver. Since petitioner is medically unfit to discharge the duties of Driver, this writ petition has been filed to challenge the impugned order.
(2.) I have considered the submissions made by learned counsel for petitioner and perused the record carefully. The only controversy involved in this matter is as to whether petitioner is in a position to discharge his duties as Driver as he earlier met with the accident. The latest medical condition of the petitioner has not been placed on record and if injury sustained and noticed by the medical board is looked into, then it becomes clear that same is not so much that one is rendered permanently disabled to discharge the duties of the Driver.
(3.) IN view of the aforesaid, petitioner may be examined by the medical board in SMS Hospital, Jaipur pursuant to this order and compliance of this order may be made by the Superintendent of SMS Hospital, Jaipur by constituting an independent medical board. The medical board may give opinion as to whether petitioner would be having any difficulty to discharge the duty of Driver. Aforesaid exercise may be undertaken within a period of 15 days from the date of production of the order of this Court by the petitioner. After medical examination, certificate may be produced by the petitioner before the respondent Corporation and if he is found fit for discharge of duties of the Driver, then no interference in the impugned order is made, however, if he is not found fit for discharge of duties of Driver, then he may be assigned stationary duties. However, respondent Corporation would be at liberty to transfer him to any other place so that fit persons may be transferred at his place to carry out the schedule of buses which may not be affected for want of Driver, however, it should not be with bias and pre -determination. With the aforesaid directions/ observations, this writ petition so as the stay application are disposed of.;