VACATION BENCH

CENTRAL ADMINISTRATIVE TRIBUNAL

Principal Bench, New Delhi

OA No.4699/2018

MA No.5372/2018

New Delhi, this the 28^th day of December, 2018

Hon’ble Ms. Praveen Mahajan, Member (A)

Jag Mohan Singh (Driver)

Aged 55 years

Group ‘C’, Driver

S/o Shri Kamal Singh

R/o Near Bharat Dharam Kanta,

Kaundhala Road

Budhana, Muzaffar Nagar (UP).

... Applicant

(By Advocate: Shri U.Srivastava)

VERSUS

1. Delhi Transport Corporation through its Chairman

DTC Headquarters, IP Estate, New Delhi.

2. The Chief Managing Director, Delhi Transport Corporation

Govt. of NCT Delhi, IP Hqrs., New Delhi.

3. The Unit Officer, Delhi Transport Corporation

Nand Nagari Depot, New Delhi.

... Respondents

O R D E R (Oral)

The applicant in the OA has come to the Tribunal with the

request that the respondents should be directed to stay the

operation of the order dated 07.09.2018 retiring the applicant

from service w.e.f.31.12.2018 due to medical unfitness.

2. Briefly, the applicant who was working as Driver with the

respondents, got injured in his backbone in the year, 2010. He

was declared medically unfit by the Medical Board and remained

2

under the frequent treatment/observation of Guru Teg Bahadur

Hospital w.e.f. 2010 to 2017. The applicant was recommended

rest with alternate duties due to this accident. The applicant

states that he has now been found fit as per medical certificate

dated 16.03.2018 & 18.09.2018 (Annexure A-14). However, the

respondents have ordered to retire the applicant from service,

vide their order dated 07.09.2018. The applicant states that

though

he

made

representation

to

the

respondents

on

03.10.2018 with his revised medical examination report

(Annexure A-15), his representation is still pending with the

respondents.

3. It is admitted by the applicant that he sustained a serious

back injury due to which he has been put on alternative duty for

the past seven years. An extension after superannuation as per

DRTA (Conditions of Appointment and Service) Regulations,

1952 is obviously the discretion of the respondents given in

deserving cases.

4. In view of the overall facts of the case, I find no reason

for the Tribunal to intervene in the impugned order dated

07.09.2018. The OA is dismissed at admission stage.

DASTI.

(Praveen Mahajan)

Member (A)

3

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