Fri. Apr 23rd, 2021

Delhi Transport Corporation & Ors vs Sachin Kumar Lamba on 23 May, 2017

1 min read

“6. Considering the above, the O.A. is allowed. We quash the
impugned orders dated 26.03.2013, 24.05.2013 and 18.09.2014 of
the respondents and direct that the applicant be taken back in
service. The applicant has been claiming that he was medically fit
to work as a driver. The respondents may, if they are so advised,
get a fresh medical examination conducted and offer a post of
driver to the applicant, if he is found to be medically fit for the
post. In case the respondents feel that the applicant is not fit to
work as a driver they may offer him a suitable post with equal
emoluments and if no such post is available, they may place the
applicant on a supernumerary post till such post becomes

W.P.(C) No. 5129/2016 Page 1 of Page 8
available. The applicant may be put on probation and be
considered for confirmation in due course. He would also be
entitled to consequential benefits of pay fixation and seniority as in
the case of Pawan Kumar (supra). We also direct that the
applicant be granted 50% of back wages for the entire period.
Considering the facts and circumstances of the case, we are not
inclined to allow any interest on the arrears. These benefits shall
be extended to the applicant within a period of eight weeks from
the date of receipt of a certified copy of this order. No costs.”

Source: Indian Kanoon

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