S. RAVINDRA BHAT, J.

( 1 ) ISSUE Rule. With consent of counsel for parties, the matter was heard finally for disposal.

( 2 ) THE petitioner, a Driver, appointed by the respondent DTC in the year 1979 suffered major fractures in his left leg due to an accident, on 11. 9. 2003. This had to be treated extensively and the petitioner underwent surgery. It is his case that for sometime he was on medical leave after which the DTC, through its medical board, determined that it would be appropriate to assign him light duties.

( 3 ) LEARNED counsel submitted that as per provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation) Act, 1995, DTC is under an obligation to ensure that such disabilities do not come in the way of the petitioner s employment and he is not discriminated against, in the work place. It was contended that the attitude of the DTC not passing any final order is contrary to Section 47 (1) which obliges every employer to determine whether the employee, who incurred the disability, can be assigned the same tasks in relation to the post he was holding at the time of occurrence of disabilities or assign him to a

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