Legitimate prayer of unfair transfer was overlooked but serious policy matter of compulsory retirement to medically unfit was taken up by single bench of High court of judicature suo motto but thanks to division bench headed by chief justice who curbed miscarriage of justice by setting aside impugned order. .
Depot.The petition pleaded a ground of inconvenience and the physical unfitness
of the seventh respondent.The learned Single Judge held that there was no need
for a direction of the Court and hence, the petition was disposed of.
petition, following the well settled principle circumscribing the jurisdiction
under Article 226 in a matter relating to transfer which is an exigency of
service. However, the learned Single Judge also issued the following
filed before this Court by Driver(s) of UPSRTC with a prayer that they are
medically unfit therefore they are unable to perform their duties. In one such
case the Court directed the learned Standing Counsel to submit a list of such
Drivers who state that they are medically unfit.
for the Court to enlarge a limited dispute in regard to the legality of an
order of transfer into a systemic issue relating to compulsory retirement of
medically unfit persons. Hence, we find that the impugned directions which have
been extracted above are unsustainable.
clarify that we have set aside the aforesaid directions of the learned Single
Judge only on the ground that there was no occasion to issue those directions
having regard to the nature of the lis. This would not be considered as
precluding the jurisdiction of the employer to take recourse to such remedies
as are available in law. Nothing that we have stated shall be construed as
foreclosing any right or submission in that regard either of the employer or
special appeal is, accordingly, allowed in these terms and shall stand disposed
of. There shall be no order as to costs.