THE HONOURABLE SMT. JUSTICE P.SREE SUDHA WRIT PETITION No. 20675 of 2014

ORDER:

This Writ petition is filed to declare the action of the respondent in not continuing the petitioner as Shramik/other alternative employment and not paying the salary from January, 2014 to till date is illegal and to direct the respondents to pay the salary from January, 2014 to till date and continue the petitioner as Shramik or any suitable alternative post. 2. Heard both sides. Perused the record.

3. In a counter filed by respondents, it is stated that petitioner was appointed as driver in the respondent Corporation on 01.08.1996 and his date of birth is 05.04.1965 and he crossed the age of 45 years, as such he was sent for periodical examination to assess his suitability in the post of driver. As per medical certificate dated 02.01.2012, petitioner is medically unfit for the post of driver in A-1 category. He was sent to the medical board and he preferred an appeal for his pre-medical examination and during the pendency of the appeal, he filed W.P.No.5362 of 2012 and the same was disposed on 27.03.2012 with a direction to consider the case of the petitioner and accordingly, he was provided alternativ