Hon’ble B. Amit Sthalekar, J.—Rejoinder-affidavit filed today is taken on record.

2. Heard Sri Samir Sharma, learned counsel for the petitioner, Sri S.M. Mishra, learned counsel for the respondent Nos. 2 to 6 and the learned standing counsel for the respondent No. 1.

3. The petitioner in the writ petition is seeking a direction to the respondents to give him alternative duty and to pay him salary month to month.

4. Briefly stated the facts of the case are that the petitioner was appointed as Driver in the U.P. State Road Transport Corporation (UPSRTC) on 7.5.1988 and completed his satisfactory probationary period. Sometime in the year 2010 he developed eye problem and his vision deteriorated. A certificate was issued by the Chief Medical Officer, Allahabad on 20.10.2010 declaring the petitioner permanently unfit for driving duties. He was referred to the State Medical Board, Lucknow where he was medically examined in the Balrampur Hospital, Lucknow and was found unfit to drive vehicles. The petitioner got himself examined again in the Manohar Das Eye Hospital, Allahabad, Tej Bahadur Sapru Hospital, Moti Lal Nehru Mandaliya Chikitsalay, Allahabad, Swaroop Rani Nehru Hospital, Allahabad and Balrampur Hospital, Lucknow and in all the places he was declared unfit for driving. By a letter dated 15.1.2014, respondents also sent him for medical examination at the Chikitsa Prakoshtha, HQ, UPSRTC, Lucknow where he appeared for medical examination on 24.1.2014 and 10.3.2014 where again he was declared medically unfit for driving duty and a medical certificate was issued to that effect, copy of which has been filed as Annexure-5 to the writ petition. On 21.3.2014, the petitioner was served with a charge-sheet alleging that he was absent from duty in an unauthorised manner.

5. The petitioner was allowed to join duty on 12.6.2014 and again directed to report for a medical re-examination vide letter dated 17.9.2014 before the Zonal Medical Board, Allahabad with regard to the ailment of the petitioner and a specific query was made as to whether the disability is permanent, temporary or curable or whether he is permanently unfit for driving duty. Thereafter, the petitioner was relieved from duty. The petitioner remained under treatment in the Manohar Das Eye Hospital, Allahabad, Tej Bahadur Sapru Hospital, Moti Lal Nehru Mandaliya Chikitsalay, Allahabad, Swaroop Rani Nehru Hospital, Allahabad and Balrampur Hospital, Lucknow and during this period he was advised to stop driving. Copy of the medical report has been filed as Annexure-7 to the writ petition.

6. The petitioner also reported before the Zonal Medical Board, Allahabad who again referred him to the Manohar Das Eye Hospital and Tej Bahadur Sapru Hospital, Allahabad and again a letter was issued on 18.2.2015, Annexure-8 to the writ petition, by the Zonal Medical Board, Allahabad addressed to the Regional Manager, UPSRTC declaring that the petitioner was found suffering from permanent disability and he was permanently unfit for driving duty. During this period, the respondents also stopped payment of salary to the petitioner. It is stated that the petitioner again referred to the State Medical Board on 26.3.2015 which referred him to the HOD, Ophthalmology Department, KGMU, Lucknow where he was asked to come in the following month.

7. When the respondents were not paying salary to the petitioner, he filed Writ petition No. 21601 of 2015 which was dismissed as having become infructuous by order dated 15.5.2015. During this period, the services of the petitioner were terminated by an order dated 14.5.2015 on the ground that he was unauthorisedly absent from duty since 17.12.2013. The petitioner then filed a departmental appeal which was rejected by the order dated 10.1.2013 against which he filed revision. When the revision was not being decided for considerable time, the revisional authority by his order dated 2.9.2016, Annexure-12 to the writ petition observed that the petitioner