Firdous Ahmad Mir & Ors vs Union Territory Of Jammu And Kashmir & Ors

Ali Mohammad Magrey, J

Through the medium of the instant petition, filed under Article 226 of the Constitution of India, the petitioners have craved the indulgence of this Court in granting them the following relief(s):

"Writ of certiorarified-mandamus thereby quashing the order No. JKSRTC/GMA/PS/J/34 dated 16-11-2019 concerning the petitioners while commanding upon the respondents to retain the petitioners in administrative wing of the corporation as Security Guards and Orderlies.

Any other writ order or direction as is deemed appropriate may kindly be issued in favour of the petitioners and against the respondents, as for the act the petitioners as in duty bound shall ever pray."

The petitioners plead that they are employees of the respondent Corporation as having been appointed as Drivers, however, they, on health grounds, were posted as Security Guards/ Orderlies by the respondents, but vide order dated 1st of August, 2015 issued by the General Manager  (Admn.), JKSRTC, petitioners were transferred and posted to City/ Contract services, JKSRTC, Srinagar, for utilization of their services, i.e. for discharging duties of Drivers. In compliance to the said order, it is stated that the Manager, Tourist Services, JKSRTC, Srinagar, relieved the petitioners on 4th of August, 2015, constraining them to file SWP No.1681/2015. The said writ petition, by order dated 10th of August, 2015, came to be disposed of on the following terms:

"3. Submission as made is quite reasonable and logical, therefore, without notice to respondents this petition is disposed of with a direction to the respondents to refer both the petitioners to medical board with a request to it to examine both the petitioners as to whether in view of their ailments they are capable and competent to drive heavy vehicles or to perform the job of driving. Depending upon the result of the medical board, appropriate orders for adjustment/ posting of the petitioners shall be ordered. This exercise shall be undertaken and completed preferably within a period of one month from the date copy of the order is served upon them. Till then both the petitioners shall not be assigned the job of driving the heavy vehicles (school buses)".

It is contended that, thereafter, the Medical Board examined the petitioners and remarked that in view of their respective ailments, the petitioners are advised to avoid forward bending, lifting heavy weight and driving long distances. The grouse of the petitioners is that despite the recommendations of the Medical Board, as aforesaid, the respondent No.3, in terms of order dated 16th of November, 2019, has directed the concerned authorities to utilize the services of the petitioners as Drivers on busses immediately under an intimation to his office. This order has been called in question by the petitioners in the instant petition on varied grounds detailed out in the petition.

Heard the learned counsel for the parties, perused the pleadings on record and considered the matter.

Admittedly, the petitioners have been appointed in the respondent Corporation as Drivers and, therefore, they were/ are required to perform their duties as such in the Corporation, however, the respondents, themselves, for whatever reasons, allowed the petitioners to perform their duties as Security Guards/ Orderlies at the earlier point in time. The records enclosed with the petition also bring it to fore that the respondents, thereafter, in the year 2015, directed the petitioners to perform their duties as Drivers in the Corporation, which action of the respondents was challenged by the petitioners before this Court through the medium of SWP No.1681/2015 on the ground that they are not in a position to drive heavy vehicles in view of the ailments they are suffering from and that in case they are allowed to drive heavy vehicles that will not only be detrimental to the health of the petitioners, but also at the peril of so many. The said writ petition came to be disposed of by this Court directing the respondents to refer the petitioners to medical board in order to examine as to whether in view of their ailments, the petitioners are capable and competent to drive heavy vehicles or to perform the job of driving. It was also provided by this Court that on the basis of the opinion of the medical board, appropriate orders for adjustment/ posting of the petitioners shall be issued with a further stipulation that till then the petitioners shall not be assigned the job of driving the heavy vehicles (school buses).

Learned counsel for the petitioners submits that in compliance of the orders passed by this Court, in the earlier round of litigation, the petitioners were got medically examined wherein it transpired that they are not fit for driving long distances, however, despite that, the respondent No.3 has issued the impugned order directing the concerned authorities to utilize the services of the petitioners as Drivers on buses immediately.

Having regard to the submissions made at the Bar by the learned counsel for the petitioners, coupled with the averments made in the petition, this petition, at its threshold, is disposed of with a direction to the petitioners to approach the respondent No.3 with a detailed representation espousing their grievance, as agitated herein this petition, for seeking redressal of their grievance. Upon receipt of the said representation, the respondent No.3 shall consider the same and pass appropriate orders thereon on merits, keeping in view the health condition of the petitioners as brought to fore by the opinion of the medical board placed alongwith the writ petition. The petitioners shall be at liberty to make available all the relevant documents before the respondent No.3 alongwith the said representation, including the opinion of the medical board.

Writ petition disposed of as above alongwith the connected CM.