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2020 Supreme(Bom) 713

S.J.KATHAWALLA, R.I.CHAGLA
Vikas – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
K.N. Shermale, Advocate, A.A. Purav, Advocate, Nitesh Vishwanath Bhutekar, Advocate, Milind Sathe, Advocate

JUDGMENT

S.J. Kathawalla, J. - These 14 Writ Petitions have been filed by 14 drivers of the Maharashtra State Road Transport Corporation ("MSRTC") whose services were discontinued by MSRTC on the ground that they had been diagnosed with 'colour blindness'. It is the Petitioners' grievance that subsequent to their discontinuance, they have neither been provided with alternative jobs nor have they received any salaries for the last more than 02 years, i.e. since 26th April, 2018.

2. The facts leading to the filing of the Petitions, are as under :

    2.1. The Petitioners were appointed as drivers with MSRTC.

      2.2. On 21st December, 2017, Respondent No.3 issued a letter to Bapaye Hospital directing a routine check-up of the Petitioners.

        2.3. Pursuant to the aforesaid check-up, Bapaye Hospital issued reports recording that the Petitioners are diagnosed with Colour Vision Defect.

          2.4. Following the above Reports issued by Bapaye Hospital, Respondent No.4 issued letters in 2018 to the Petitioners directing them to appear before J.J. Hospital for a further eye examination.

            2.5. Thereafter, tests were conducted at J.J. Hospital and reports came to be issued.

              2.6. In the Reports issued by J.J. Ho

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