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2026 DAILYLAW 18378 (RAJ)

RAJESH KUMAR SON OF SHRI CHANDGI RAM v. THE RAJASTHAN STATE ROAD TRANSPORT CORPORATION

CW/13470/2020 · 2026-01-15

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:1638] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13470/2020 Rajesh Kumar Son Of Shri Chandgi Ram, Aged About 54 Years, Resident Of Village Chandrapura Post Patusari Tehsil And District Jhunjhunu Presenlty Working As Time Keeper/driver Rsrtc, Jhunjhunu Depot. ----Petitioner Versus 1. The Rajasthan State Road Transport Corporation, Through Its Managing Director, Parivahan Bhawan, C-Scheme Jaipur. 2. The Chief Manager, Rsrtc Depot, Jhunjhunu ----Respondents For Petitioner(s) : Mr. Pyare lal For Respondent(s) : Mr. Anubodh Subodh Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/01/2026 1. Considered application No.1/2025 filed for vacation of stay order dated 18.11.2020 and CMS No.12735/2020. 2. Considering the submission, it is appropriate to dispose of the writ petition at this stage. 3. Instant writ petition is filed with following prayer:- (i) may pleased to issue appropriate writ, order or direction declaring the impugned duty chart of Nov 2020 qua petitioner and all subsequent duty charts and order issued by respondents employing the petitioner on driver duties as illegal and arbitrary and may please to set aside the same. Further, [2026:RJ-JP:1638] (2 of 3) [CW-13470/2020] respondents may be directed to assign light duties to petitioner as advised by the medical authorities. 4. The only contention of the petitioner is that due to medical contingencies, the petitioner is not able to perform the duty of driver. 5. The petitioner has placed reliance upon order dated 08.08.2011 in Writ Petition No.10191/2011 passed by a Coordinate Bench of this Court. 6. The petitioner was directed to appear before the Medical Board and on basis of report of the Medical Board, the petitioner has claimed that he be not assigned duty as a driver. 7. While considering the case of present petitioner, an interim order is passed by this Court on 18.11.2020. The counsel for petitioner agreed that petitioner will undergo the medical test by the Medical Board as directed by the respondents and if the petitioner is declared fit then the respondents are free to assign him duty as a driver. 8. Learned counsel for respondents has no objection. 9. Having considering aforesaid, the writ petition is disposed with liberty to the respondents to appoint a Medical Board and if the Medical Board in its medical report opined that the petitioner is fit to perform the duty of a driver for use of public transport then they are free to direct the petitioner to carry out or perform the duty of driver for which the petitioner has been appointed by the respondent-Corporation, but in case, the medical opinion is otherwise then the appropriate duty assignment order shall be passed by the respondents. Till the examination and report by the Medial Board, the petitioner shall not be assigned duty to drive a [2026:RJ-JP:1638] (3 of 3) [CW-13470/2020] public transport vehicle so as to jeopardise life of common individuals. 10. The writ petition and misc. application stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /35