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CDJ 2025 Raj HC 255 print Preview print Next print
Court : High Court of Rajasthan, Jodhpur Bench
Case No : S.B. Civil Writ Petition No. 24014 of 2025
Judges: THE HONOURABLE MR. JUSTICE MUNNURI LAXMAN
Parties : Azaz Ahmad Versus Rajasthan State Road Transport Corporation, Jaipur Through Its Chairman And Managing Director & Others
Appearing Advocates : For the Petitioner: Khet Singh Rajpurohit, Advocate. For the Respondents: Dr. Harish Kumar Purohit, Advocate.
Date of Judgment : 16-12-2025
Head Note :-
Comparative Citation:
2025 RJ-JD 54323,

Summary :-
1. Statutes / Acts / Rules / Orders Mentioned:
- None

2. Catch Words:
- medical examination
- salary arrears
- representation
- circular
- unfit for driver duties

3. Summary:
The petitioner, a former driver now posted to civil duties, challenged a letter dated 20.11.2025 directing another medical examination despite earlier medical board opinions declaring him unfit for driver duties. He also complained of salary withholding. The respondents argued the circular applied to all drivers previously declared unfit. The Court referred to its earlier decision in *Mubarak Hussain v. Rajasthan State Road Transport Corporation*, directing that the petitioner must appear before a fresh medical board, continue his current duties pending the report, and be paid his salary unless a specific order to withhold it exists. Accordingly, the Court ordered the forwarding of any representation, scheduling of a fresh medical board, continuation of salary, and payment of arrears, while allowing the respondents to seek recall if a lawful salary‑withholding order exists.

4. Conclusion:
Petition Allowed
Judgment :-

1. With the consent of learned counsel for both parties, the writ petition is heard on final disposal at the admission stage itself.

2. The present writ petition has been filed by the petitioner challenging the letter dated 20.11.2025 (Annexure-12), by which the petitioner has been subjected to repeated medical examination.

3. The grievance of the petitioner is that the petitioner was initially appointed as driver in the respondent - corporation and subsequently, on the basis of the opinion of the medical board, he was shifted to office work instead of driver duties as the medical board opined that the petitioner was unfit to discharge driver duties. Thereafter, i.e. on 29.08.2020 and 05.12.2020, the petitioner was again subjected to medical examination by the medical board. On both occasions the medical boards opined that the petitioner was unfit to discharge driver duties. Thereafter, the petitioner was posted to the civil duties by order dated 08.05.2025. While such order was in force, by the impugned letter dated 20.11.2025, the petitioner was again directed to undergo medical examination. Challenging the same, the present writ petition has been filed.

4. Learned counsel for the petitioner submits that the petitioner was subjected to examination by multiple medical boards and all medical boards opined that the petitioner is unfit to discharge driver duties; as such he was posted on civil duties by various proceedings. The last proceedings are of 08.05.2025 and now again the petitioner has been subjected to undergo medical examination which would cause hardship to the petitioner.

5. It is also his contention that though the order to work in the civil duties was in force and without communicating any order to the petitioner, the salary of the petitioner has been withheld. Therefore, he seeks relief from this Court.

6. Learned counsel for the respondents submits that though there are opinions from the previous medical boards, by virtue of the letter dated 20.11.2025, all drivers who were earlier declared unfit were directed to undergo medical test. This order cannot be challenged. If the medical board found the petitioner unfit, he will be continued on the same duties and not that of driver.

7. This Court has considered the issue dealing with similar kind of letter/circular and has given certain directions in the case of Mubarak Hussain Vs. The Rajasthan State Road Transport Corporation & Ors. (S.B. Civil Writ Petition No.21347/2025) decided on 04.11.2025. Relevant paragraphs (No.5 & 6) of the order dated 04.11.2025 read as follows:

                  "5. Considering the contentions of both the parties, this Court finds that the circular dated 09.10.2025 which has been sought to review all the cases of drivers who were earlier declared unfit by virtue of the previous medical board's reports and such course has been adopted to overcome the shortage of drivers. The petitioner is duty bound to appear before the medical board for review of his fitness which is only sought to be achieved under the impugned circular. The petitioner has already submitted a representation to the Chief Manager of the concerned depot requesting to refer his case to the headquarters which in turn will fix the date and time for appearance of the petitioner before the medical board as referred in the circular and if the medical board opines that the petitioner is unfit, he can be assigned the non-driver functions. In light of the above factual background, this Court is inclined to dispose of the writ petition.

6. As a result, the writ petition is disposed of as follows:

                  i. The respondent No. 4 - Chief Depot Manager, Rajasthan State Road Transport Corporation, Banswara Depot, District Banswara is directed to forward the representation of the petitioner, if any filed, to the headquarters. If no representation is filed, liberty is given to the petitioner to file fresh representation within a period of one week from today.

                  ii. The headquarters shall fix the date and time for appearance of the petitioner before the fresh medical board and such date and time shall be intimated to the petitioner. iii. On such intimation, the petitioner shall positively appear before the medical board on the fixed date and time.

                  iv. If the petitioner fails to appear before the medical board on the fixed date and time without any reasonable cause, the respondent authorities are at liberty to take appropriate action.

                  v. After medical examination of the petitioner, if the medical board finds the petitioner unfit to perform driver duties, the petitioner shall not be assigned driver duties and he shall be assigned other duties.

                  vi. Till the report is submitted by the fresh medical board, the petitioner shall be allowed to continue the work that he is already discharging."

8. This Court also found that there is no justification for the respondents to withhold the salary of the petitioner when there is no specific order in this regard. As long as the petitioner is discharging his duties in the civil post as per the orders passed by the respondents, they are duty bound to extend the salary unless any other specific order is in force withholding the salary which has been communicated to the petitioner.

9. Considering the above facts and circumstances, the present writ petition is disposed of with the following directions:

                  i. The respondent No. 3 - Chief Manager, Rajasthan State Road Transport Corporation, Abu Road Depot is directed to forward the representation of the petitioner, if any filed, to the headquarters. If no representation is filed, liberty is given to the petitioner to file fresh representation within a period of one week from today.

                  ii. The headquarters shall fix the date and time for appearance of the petitioner before the fresh medical board and such date and time shall be intimated to the petitioner. iii. On such intimation, the petitioner shall positively appear before the medical board on the fixed date and time.

                  iv. If the petitioner fails to appear before the medical board on the fixed date and time without any reasonable cause, the respondent authorities are at liberty to take appropriate action.

                  v. After medical examination of the petitioner, if the medical board finds the petitioner unfit to perform driver duties, the petitioner shall not be assigned driver duties and he shall be assigned other duties.

                  vi. Till the report is submitted by the fresh medical board, the petitioner shall be allowed to continue the work that he is already discharging.

                  vii. Additionally, the respondents are directed to pay the arrears of salary to the petitioner and continue to pay the regular salary till a proper decision is taken on the opinion of the fresh medical board.

                  viii. Liberty is given to the respondents to seek recall with regard to the direction to pay the salary to the petitioner if any specific order to withhold the salary was passed in accordance with law.

10. All pending applications, if any, stand disposed of.

 
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