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2. WPSS No. Driver 29.07.2015 Medical Board Not clear. Other office 2174 of 2022, Report; Eye Problem related work;

Suresh Kumar Post traumatic since 2015 Vs. optic atrophy in Uttarakhand right eye with Transport complete loss in Corporation right eye. He is through its unfit to drive Managing (Annexure 5 Director and Disability others Certificate)

3. WPSS No. Driver 12.05.2021 Medical Board Not clear. Other official 2179 of 2022, Report; Unfit to Intestine work;

Harshmohan                                   heavy duty and     Cancer
      Vs.                                          driving
      Uttarakhand                                  (Annexure 5)
      Transport
      Corporation
      through its
      Managing
      Director
      Dehradun and
      others
4.    WPSS No.        Conductor     05.08.2017     Medical Board      Not clear.     Other office
      2180 of 2022,                                Report; Right      Visually       related work;
      Lal Singh Vs.                                Eye Central        handicapped-   Group D




     Uttarakhand                           Opacity with       40%
     Transport                             Left Eye
     Corporation                           Eviscerated with
     Through its                           no perception of
     Managing                              Light. He is
     Director                              visually
     Dehradun and                          handicapped
     others                                40% (Annexure
                                           5)
5.   WPSS No.        Driver   22.03.2017   Medical Board      Not clear.      Other official
     2182 of 2022                          Report;            Heart disease   work
     Harish Kumar                          Angioplasty;
     Vs.                                   Not fit for
     Uttarakhand                           driving;
     Transport                             (Annexure 5)
     Corporation
     through its
     Managing
     Director
     Dehradun and
     others
6.   WPSS No.        Driver   18.06.2014   Medical Board      Not clear.      Other
     2184 of 2022,                         Report; Severe     Eye problem     Official
     Chandra Pal                           impairment of                      Work
     Singh Vs.                             vision of right
     Uttarakhand                           eye due to
     Transport                             coreo-retinel
     Corporation                            (Annexure 5)
     through its
     Managing
     Director,
     Dehradun and
     others
7.   WPSS No.        Driver   16.12.2001   Medical Board      Not clear       Other
     2186 of 2022                          Report; Post                       Official
     Maya Ram                              traumatic                          Work
     Bhatt Vs.                             atrophy of lower
     Uttarakhand                           limb; disability
     Transport                             40%.
     Corporation                           (Annexure- 5)
     through its
     Managing
     Director
     Dehradun and
     others
8.   WPSS No.        Driver   2007         Due to accident    On duty         Clerk
     2211 of 2022,                         sustained some     Accident
     Phoola Singh                          injuries; In
     Vs.                                   WPSS 995 of
     Uttarakhand                           2008 on
     Transport                             04.03.2011
     Corporation                           direction given
     through its                           to assign other
     General                               work to the
     Manager and                           petitioner
     another


9.   WPSS No.       Driver    14.09.2019   Medical            On duty         Peon
     2212 of 2022,                         Certificate;
     Dhan Singh Vs.                        Collar Bone
     The Secretary                         Fracture
     State Road                            (Annexure 2)




      Transport
      Corporation
      Uttarakhand
      and others
10.   WPSS No.         Conductor   01.10.2016   Medical Board     On duty       Other official
      2258 of 2022,                             Report;                         work
      Subhash                                   Cervical/
      Chandra                                   Lumbar
      Badola Vs.                                spondylitis
      Managing                                  (Annexure 3)
      Director,
      Uttarakhand
      Transport
      Corporation
      and others
11.   WPSS No.         Driver      25.05.1995   Medical Board     On duty       Other
      2259 of 2022,                             Report; Knee                    Official
      Jagmohan Vs.                              Injury                          Work
      Managing                                  (Annexure 4)
      Director
      Uttarakhand
      Transport
      Corporation
      and others


12.   WPSS No.         Driver      19.10.1997   Medical Officer   On duty       Other official
      2260 of 2022,                             Communication;                  work
      Rajendra                                  Accidental
      Kumar Vs.                                 Injury
      Managing                                  (Annexure 4)
      Director
      Uttarakhand
      Transport
      Corporation
      and others

13.   WPSS No.
      2280 of 2022,
      Jagjeet Singh
      and others Vs.
      Uttarakhand
      Transport
      Corporation
      Dehradun and
      others

      (i) Jagjeet      1. Driver    2004         Concession       On Duty;      Other official
      Singh                                      Certificate;     While going   work
                                                 Right leg        to depot;
                                                 amputation;
                                                 80% Disability
                                                 (Annexure 2)

      (ii) Satnam      2. Driver    2003        Medical Board     On Duty       Other official
      Singh                                     Report; Hip                     work
                                                bone injury
                                                (Annexure 3)


      (iii) Sukhdev    3. Driver    2011        No document;      On Duty       Other official
      Singh                                     Hip Fracture                    work




14.   WPSS No.
      2298 of 2022,
      Bhajan Singh
      and another Vs.
      Uttarakhand
      Transport
      Corporation
      Dehradun and
      others

      (i) Bhajan        Driver      2022         Medical Board      Not clear;     Other official
      Singh                                      Certificate; Hip   Hip Injury     work
                                                 bone injury


      (ii) Anil Kumar   Conductor   16.06.2021   Medical Board      On duty        Other official
           Mishra                                Certificate;       accident;      work
                                                 AIDS               Subsequently
                                                 (Annexure 3),      AIDS




15.   WPSS No.          Driver      2000         Medical Board      On duty        Other work
      2306 of 2022,                              Certificate;
      Jitendra Singh                             Damaged vision
      Vs. Managing                               of left eye
      Director,                                  (Annexure 5)

      Uttarakhand
      Transport
      Corporation
      Dehradun and
      others
16.   WPSS No.          Driver      16.01.2005   No Medical         On duty;       Other official
      2315 of 2022,                              Report;            Insect bite    work
      Brij Lal Vs.                               Poisonous insect
      Managing                                   cut on left eye;
      Director,                                  Absence from
      Uttarakhand                                duty
      Transport
      Corporation
      Dehradun and
      others
17.   WPSS         No. Driver       17.07.2018   Medical Report;    Not clear;     Other official
      2340 of 2022,                              FUC of             Sleep apnea    work
      Keshav     Dutt                            obstructive
      Joshi        Vs.                           Sleep apnea
      Uttarakhand                                (Annexure 5)
      Transport
      Corporation
      through       its
      Managing
      Director
      Dehradun and
      others
18.   WPSS No.          Driver      09.12.2019   Medical Board      Not clear;     Other official
      2344 of 2022                               Report; AMT        Vertigo        work
      Munabbar Ali                               Vertigo and
      Vs.                                        Poly
      Uttarakhand                                Neurological




      Transport                              Tremor
      Corporation
      Dehradun and
      another
19.   WPSS No.          Driver   2018        Heart attack;      Not clear;    Other official
      2348 of 2022,                          Now fitness        Now fit       work
      Jai Pal Singh                          certificate to
      Vs. Managing                           join duties of
      Director                               driver for day
      Uttarakhand                            time only.
      Transport                              (Annexure 6 and
      Corporation                            8)
      and others



20.   WPSS No.          Driver   15/16.08.   Medical Board      On duty;      Other duty
      2349 of 2022,              1998        Report; Ecliptic   Injured
      Ram Surat Vs.                          fits               during
      Uttarakhand                                               dacoity
      Transport
      Corporation
      through its
      General
      Manager and
      another
21.   WPSS No.          Driver   2015        Medical Board      Not clear;    Other official
      2353 of 2022,                          Report;            Ecilepsy      work
      Sanjeev Kumar                          Seizure disorder
      Vs. Managing                           (Annexure 5)

      Director
      Uttarakhand
      Transport
      Corporation
      and others
22.   WPSS No.          Driver   2008        Medical Board      Not clear;    Other official
      2382 of 2022,                          Report;            Eye problem   work
      Mohan Lal Vs.                          Defective
      Managing                               Vision
      Director                               (Annexure 2)
      Uttarakhand
      Transport
      Corporation
      and another
23.   WPSS No.
      2386 of 2022,
      Rajendra
      Kumar Arya
      and another Vs.
      Uttarakhand
      Transport
      Corporation
      Dehradun and
      others

      (i) Rajendra      Driver   2016        No        medical On duty        Other duties
         Kumar Arya                          certificate;
                                             Suffered injury
                                             in left leg due to
                                             accident and rod
                                             was fixed




      (ii) Jagmohan   Driver    2015         Medical Board      On duty       Other duties
                                             Report;
                                             Slip Disc
                                             problem

                                             Medical
                                             Certificate,
                                             (Annexure 2)


24.   WPSS No.      Conductor   02.02.2018   Medical Board      On duty       Other official
      2407 of 2022,                          Certificate/                     work
      Bhagwan Singh                          Report; Brain
      Vs. Managing                           Haemorrhage
      Director
      Uttarakhand                            Medical
      Transport                              certificate
      Corporation                            (Annexure 4)
      and others




25.   WPSS No.        Driver    2021         Medical Board      Not clear;    Other official
      2467 of 2022,                          Report;            Cataract      work
      Harjindar                              Cataract;
      Singh Vs.                              Medical
      Uttarakhand                            Certificate
      Transport                              (Annexure 3)
      Corporation
      Dehradun and
      another
26.   WPSS        No. Driver    28.07.2017   Medical Board      On duty       Other official
      2469 of 2022,                          Report;                          work
      Charan Singh                           Old L1
      Vs. Managing                           Vertiberal
      Director,                              Fracture without
      Uttarakhand                            Neurological
      Transport                              deficit;
      Corporation                            (Annexure 1)
      and others


27.   WPSS        No. Driver    2015         No medical         Not clear;    Other official
      2476 of 2022,                          certificate;       Back          work
      Sirazuddin Vs.                         Back problem Problem
      Managing
      Director,
      Uttarakhand
      Transport
      Corporation
      and others
28.   WPSS No.        Driver    2015         A                  On duty;      Retired on
      2494 of 2022,                          communication      Eye problem   21.12.2022
      Daleep Kumar                           of Doctor;
      Sharma Vs.                             Eyesight blurred
      Uttarakhand
      Transport
      Corporation
      through its
      Managing
      Director and
      others




29.   WPSS No. 3 of      Driver      21.01.2018   Medical Board        Not clear;      Retired on
      2023, Pitamber                              Report; Brain        Brain           21.12.2022
      Singh Vs.                                   hemorrhage;          Haemorrhage
      Uttarakhand                                 ( Annexure 4)
      Transport
      Corporation
      through its
      Managing
      Director and
      others
30.   WPSS No. 16        Driver      2018         Medical Board        Not clear;      Retired on
      of 2023, Vinod                              Report;              Obesity         22.12.2022
      Kumar Vs.                                   Grade III
      Uttarakhand                                 obesity
      Transport                                   (Annexure 3)
      Corporation
      Dehradun and
      another
31.   WPSS No. 67        Conductor   16.10.2019   Medical Board        On duty;        Retired on
      of 2023,                                    Report;              Leg fracture    22.12.2022
      Gurumukh                                    Fracture of both
      Singh Vs.                                   bone left leg
      Managing                                    with left ulna
      Director,                                   (Annexure 2)
      Uttarakhand
      Transport
      Corporation
      and others
32.   WPSS No. 68        Conductor   19.03.2014   Medical Board        On duty;        Retired on
      of         2023,                            Report;              Heart           20.12.2022
      Vishesh Kumar                               Diabetes with        problem
      Vs. Managing                                coronary
      Director                                    artillery /heart
      Uttarakhand                                 problem
      Transport                                   (Annexure 3)
      Corporation
      and others
33.   WPSS No. 78        Conductor                Injured on duty;     On duty         Retired on
      of 2023, Bhanu                              Now fitness                          20.12.2022
      Prakash      Vs.                            certificate issued
      Managing                                    (Annexure 2)
      Director
      Uttarakhand
      Transport
      Corporation
      and others
34.   WPSS No. 86        Driver      17.04.2020   Medical Board        Not clear;      Retired on
      of         2023,                            Report;              Heart disease   23.12.2022
      Nagendra                                    Medical
      Pratap Singh                                treatment of
      Vs.         The                             heart
      Managing                                    (Annexure 1)
      Director State
      Road Transport
      Corporation
      Uttarakhand
      and others
35. WPSS No. 87        Conductor   30.01.2022   Medical Board        On duty;        Retired on
      of 2023,                                    Report; Seizure      Cerebral fits   23.12.2022
      Ravikant                                    Disorder
      Shukla Vs. The                              (Annexure 3)
      Managing
      Director State




      Road Transport
      Corporation
      Uttarakhand
      and others
36    WPSS No. 88       Conductor   22.11.2021     Medical Board        On duty       Retired on
      of 2023, Ram                                 Report;                            23.12.2022
      Asray Shukla                                 Right Hip bone
      Vs. The                                      Injury
      Managing                                     (Annexure 2)
      Director State
      Road Transport
      Corporation
      Uttarakhand
      and others
37    WPSS No. 89       Conductor   2012           Chief Medical        Not clear;    Retired on
      of 2023, Satish                              Officer              Spondylitis   26.12.2022
      Kumar Vs. The                                Communication;
      Managing                                     Cervical
      Director State                               Spondylitis
      Road Transport                               (Annexure 2)
      Corporation
      Uttarakhand
      and others,


38    WPSS No. 101      Conductor   14.07.2022     Medical Board        On duty;      Retired on
      of 2023, Alok                                Report;              Head injury   23.12.2022
      Williams Vs.                                 Head Injury
      The Managing                                 (Annexure 1);
      Director State                               Fitness
      Road Transport                               certificate issued
      Corporation                                  (Annexure 5)
      Uttarakhand
      Dehradun and
      others
39.   WPSS No. 102      Driver      2004           Medical Board        Not clear;    Retired on
      of 2023, Amod                                Report;              Back          23.12.2022
      Sharma Vs.                                   Injury in            problem
      The Managing                                 backbone
      Director State                               (Annexure 2)
      Road Transport
      Corporation
      Uttarakhand
      and others
40    WPSS No. 146      Driver      2019           Medical Board        Not clear;    Retired on
      of 2023,                      He was         Report;              Cataract      10.01.2023
      Surendra Singh                declared fit   Cataract;
      Vs.                           for duties     Now fitness
      Uttarakhand                   later as       Certificate
      Transport                     driver         (Annexure 7)
      Corporation
      Dehradun and
      another
41.   WPSS No. 147      Driver      2022           Medical Board        Not clear;    Retired on
      of 2023,                                     Report;              Cataract      10.01.2023
      Malkeet Singh                                Cataract
      Vs.                                          (Annexure 3);
      Uttarakhand                                  Now fitness
      Transport                                    Certificate
      Corporation                                  issued
      Dehradun and                                 (Annexure 9)
      another




42.   WPSS No. 635     Driver   2018        Eye Deficiency;   Not clear;    Retired on
      of 2023,                              No medical        Eye problem   23.12.2022
      Jagdish Prasad                        certificate
      Vs. Managing
      Director
      Uttarakhand
      Transport
      Corporation
      and others



285.
20. For the purposes of classification between two groups of drivers/conductors, one who sustained injuries while on duty and second, who sustained injuries while off duty per se may not be held to be invalid. But, it requires further elaboration.
33
21. All the petitioners are not the cases of incapacity due to accident. There are cases of weak eyesight, heart problem and other problems. Even for making such classifications, it was necessary to examine each case individually so as to ascertain as to how each of the petitioners become incapacitated to work on the post which he held. As to whether the incapacity is attributable or has been aggravated by the nature of duty? If the incapacity may be attributable or aggravated due to nature of the duty, its natural corollary would be that such incapacity would fall in the category of "incapacity arisen while on duty". This exercise has not been done. Therefore, the classification which the respondent no.1 the UTC has done is not complete.