BRIJ MOHAN RAO Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) AS has been captioned by the applicant in the OA, he joined Delhi Transport Corporation (DTC) as Driver on 23.3.1983 and was confirmed on the said post on 26.4.1984. He met with an accident on 24.2.1995 while driving the bus from Kotputli (Rajasthan) to Delhi. In the accident, he sustained fracture in his right leg and availed treatment at Bara Hindu Rao Hospital, Delhi. On recovery, he reported for duty on 21.6.1995 and was given the light duty as he was medically unfit to drive the bus after accident. Subsequently vide order dated 11.3.1998, he was directed to be retired from service prematurely with effect from 2.3.1998 as per clause 10 of the D.R.T.A. (Conditions of Appointment and Services) Regulations, 1952. He met the Chairman of the Corporation who assured him that his case would be reconsidered. However, receiving no positive response from the Corporation, the applicant preferred a Writ Petition before the Hon'ble Delhi High Court, which was allowed in terms of the order dated 16.12.2005. The relevant excerpt of the order as reproduced by the applicant in para 4.6 of the OA reads as under:

(2.) ON 21.5.2013, when this application came up for hearing, this Tribunal stayed the retirement of the applicant for a period of eight weeks. The OA was directed to come up on 2.07.2013. The applicant is continuing in service on the basis of the said interim order. The various grounds raised by the applicant in support of his claim are as under:

(3.) WE have heard learned Counsel for the parties and perused the record.