( 1 ) RULE. MATTER is taken up for final disposal with consent of learned counsel for the parties.

( 2 ) PETITIONER has filed this petition under Article 226 seeking writ of certiorari quashing the impugned order dated 10. 7. 1998 whereby the petitioner has been prematurely retired on medical grounds and to reinstate the petitioner with full back wages and with other consequential benefits.

( 3 ) THE petitioner was appointed as a driver with the respondent on 20. 12. 1983. According to the petitioner he met with an accident on 12. 8. 1996 and as a consequence of the accident his left femour bone was fractured and thereafter the petitioner remained under treatment till 16/12/1997. It is also stated that the Doctor also advised rest for a period of three months initially on 24/1/97 and thereafter on 27/7/1997 and 15/1/1998. The petitioner claimed that he was issued a fitness certificate by Dua nursing Home on 26. 5. 1998.

( 4 ) PETITIONER appeared on 2. 7. 1998 before the Medical board which declared him medically unfit and in pursuance thereof on 10. 7. 1998 the respondent passed an order retiring the petitioner pre-maturely on medical grounds in view of the report