Bombay High Court
Gajanan Govindrao More vs The Divisional Controller on 18 August, 2020
Author: V.L.Achliya
Bench: V.L.Achliya
5669.20WP.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
948 WRIT PETITION NO.5669 OF 2020
GAJANAN GOVINDRAO MORE
VERSUS
THE DIVISIONAL CONTROLLER
...
Mr.Abhinay D. Khot, Advocate for petitioner
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CORAM : V.L.ACHLIYA,J.
DATE : 18.08.2020
ORAL ORDER :
By this Petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 15.07.2020 passed by the learned Member, Industrial Court, Jalna in Complaint (ULP) No.66/2020. By the impugned order, the application moved by the petitioner seeking interim order i.e. to stay the effect and operation of the order dated 04.06.2020 issued by the respondent to repost the petitioner to the original post of driver has been rejected.
2. In brief, it is the contention of the petitioner that the petitioner was twice declared as unfit to discharge the obligation as driver employed with M.S.R.T.C. On account of medical condition of the petitioner, the ::: Uploaded on - 18/08/2020 ::: Downloaded on - 19/08/2020 06:14:57 ::: 5669.20WP.odt 2 petitioner was directed to work as a peon. It is submitted that pursuant to the directions, the petitioner appeared before the Medical Board constituted with J.J. Hospital, Mumbai. On the basis of report submitted by the Medical Board, the alleged order to repost the petitioner to the original post of driver has been passed. It is the contention of the petitioner that he is suffering from various ailments. The medical condition of the petitioner is not good. He is unable to discharge the obligations of the post of driver and deserves to continue to work as peon.
3. On due consideration of the submissions advanced, I am of the view, the matter requires consideration. Hence the following order :-
ORDER
(i) Issue notice to the respondents, returnable on 4th September, 2020. In addition to notice through the process of Court, the petitioner is permitted to serve the respondent by Registered Post Acknowledgment Due or any other legally permissible mode and file the affidavit of service by the returnable date.::: Uploaded on - 18/08/2020 ::: Downloaded on - 19/08/2020 06:14:57 :::
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(ii) Till 4th September, 2020, the status- quo as on today be preserved.
(iii) Stand over to 4th September, 2020.
[V.L.ACHLIYA] JUDGE SGA ::: Uploaded on - 18/08/2020 ::: Downloaded on - 19/08/2020 06:14:57 :::