AJAY RASTOGI,J. - (1.) Petitioner was initially appointed as Driver cum Fitter vide order dated 25.7.1979 (Ann. 1). While he was driving roadways Bus No. RJ-14-P-1113 from Alwar to Jaipur, the bus met with an accident on 11.2.1992 due to which his left foot was amputated resulting into his disability of 40% as opined by Principal Medical Officer, Alwar vide letter dated 8.7.1994 (Ann. 7). When he resumed duty on 12.5.1992, petitioner submitted application to work elsewhere on some equivalent post. His application was sympathetically considered by respondent and he was allowed to work as vehicle washer or on some equivalent post. Because of disability attributed while in service and as per medical report (Ann. 7), petitioner was considered to be unfit to discharge duty of the post of Driver, and as a consequence whereof, his services were terminated holding that he was unable to discharge duty of Driver, vide order dated 25.4.1996, which was challenged by him in CWP No. 2442/96, wherein this Court directed respondents to consider his case for alternative job, which could be performed by him and in compliance whereof, respondents appointed petitioner vide order dated 8.11.1996 (Ann. 1) as Artisan Gr. Ill in the pay scale of Rs. 825-1350/-. Hence this writ petition.
(2.) Only grievance of petitioner is that he was offered fresh appointment on the post of Artisan Gr. Ill; but he was neither afforded protection of pay nor of continuity in service of the post of Driver, which according to him is violative of Section 47 of the Person and Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 ('the Act').
(3.) Respondents have filed reply to writ petition. Shri Manish Bhandari, counsel for respondent-RSRTC urged that once he was found to be unfit to discharge duties of the post of Driver as medically certified, his service were rightly terminated after due compliance of provisions of Industrial Disputes Act, 1947 vide order dated 25.4.1996; but after the judgment of this Court in his earlier writ petition (supra) and consideration, he has been appointed as Artisan Gr. III. which will make him entitled for pay scale of the post of which he is discharging duties.;