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2021 Supreme(Bom) 1769

DIPANKAR DATTA, V.G.JOSHI
Deepak Mahadeorao – Appellant
Versus
Vice-president – Respondent


Advocates appeared:
V.B.Bhise, Advocate, P.S.Gawai, Advocate

JUDGMENT

DIPANKAR DATTA,C.J.

1. The petitioner was appointed as a 'driver' by the Maharashtra State Road Transport Corporation (hereafter "the Corporation", for short) on April 01, 2011. By an order dated February 08, 2014, the Divisional Controller of the Corporation terminated the petitioner's service as 'driver' w.e.f. December 30, 2013 on the ground that upon medical examination, he was found to be colour blind.

2. The petitioner instituted this writ petition on October 23, 2018. It has been pleaded in paragraph 4 of the writ petition that the aforesaid order terminating the petitioner's service was not served on him but he was orally informed of such termination. Be that as it may, the prayer in this writ petition is for a direction on the respondents, namely the Vice-President and Divisional Director and the Divisional Controller of the Corporation to grant alternate appointment to the petitioner on the post of Security Guard in terms of the provisions contained in sec. 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereafter "the 1995 Act", for short), in the interest of justice and to pay arrears of salary w.e

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