S.N.PATHAK,J. - (1.) Heard the parties.
(2.) The petitioner has approached this Court with a prayer for quashing the order dated 28.05.2008 bearing No. 835 issued by the Respondent No. 3, whereby the request of the petitioner for appointment of his wife, has been rejected. Further prayer is for alternative duty with pay protection, emoluments and future promotion from the date of discharge under section 47 of Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995. Factual Matrix
(3.) The petitioner joined the service on 10.01.1977 on the post of Assistant Loco Driver, having employee number 365404 and discharged his duties to the utmost satisfaction of his superiors. During this period, the petitioner was promoted and reached to scale 9 before 21.11.1998 i.e. the date of incident. When the petitioner was on duty in B shift on 21.11.1998, he met with an accident at 20:45 hrs. with a running locomotive on a railway track as a result of which both the legs of the petitioner came between the rails and locomotive, crushing both of his legs and amputating above the knee. Thereafter, the petitioner was taken to Bokaro General Hospital for treatment on same day. On 19.04.1999 he was discharged after skin grafting, debridement and other medical treatments. On 28.10.1999, a certificate was issued by the Director (Medical and Heatlh Service), wherein cause of accident has been given apart from other necessary details. It is stated that on 27.01.2000, the petitioner represented before Dy. CPM (Works) Traffic, Bokaro Steel Plant, Bokaro for taking necessary steps in order to produce him before the Medical Board for change of his job and for artificial limbs as advised by the doctors. Thereafter, the National Institute for the Orthopedically Handicapped, Calcutta examined the case of the petitioner and has given its report on 26.07.2000 vide ACC No. 2007063 stating therein that reconstructive surgery is essential and it will be better if on both legs stumps be fitted. It is the case of the petitioner that vide letter No. PERS/P/48/T &RM/03/01/238/2000482 dated 06.09.2000, separation order was issued being separation Order No. 9125, whereby the petitioner was discharged on medical ground from the services of the company with immediate effect, after giving three months pay in lieu of notice amounting to Rs. 27,427.50/.;