NARENDRA NATH TIWARI, J. - (1.) IN this writ petition the petitioner has prayed for quashing the office order No. 121 dated 9.3.2007, contained in Annexure -10, issued by the respondents, whereby the petitioner has been deputed for driving a vehicle of one D.K. Srivastava, Special Secretary Rural Development Department.
(2.) ADMITTEDLY , the petitioner is visually impaired/handicapped person and considering his said disability, he was assigned work of Routine Clerk since the year 1995. A short point has been raised in this writ petition. It has been stated that the petitioner is a visually impaired/handicapped, he is not a fit person to drive a motor vehicle In view of the provisions under Section 47 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the 'Act'), the petitioner was assigned work of routine clerk, Suddenly by the impugned order dated 9.3.2007 (Annexure -10), the petitioner has been deputed for driving a vehicle of Shri D.K. Srivastava, Special Secretary, Rural Development Department.
(3.) LEARNED Counsel for the petitioner submitted that the said deputation is in direct conflict with the provision of Section 47 of the Act and the order passed is wholly arbitrary and illegal. The petitioner being visually impaired/handicapped and disabled cannot be deputed as driver as he is not fit to drive a motor vehicle in view of the provisions of Section 186 of the Motor Vehicles Act.;