1/3 901-WP-4922.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO.4922 OF 2026 Rajesh Trymbakrao Pokale vs. Vice President and Divisional Director, Maharashtra State Road Transport Corporation, Mumbai and ors. - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. B. Bhise, Advocate for petitioner. Shri A. S. Mehadia, Advocate for respondents. CORAM : BHARATI DANGRE & URMILA JOSHI-PHALKE, JJ. DATED : September 17, 2026 P. C. 1. The petitioner before us came to be appointed as a ‘Driver’ by MSRTC in the year 2011 and since then he continued to discharge his duties. It is in the year 2014, he was accommodated on regular pay scale on a period of probation for one year. However, in the year 2024, he undergone an open heart surgery and the Medical Board Civil Surgeon Office, Akola declared him to be unfit for duty in the wake of the procedure that was performed on him in 2024. It was also opined that he was on medication and needs regular followup. The latest certificate produced by the petitioner dated 11.08.2026 also reflects that he is unfit for duty. 2. In the aforesaid background, what the petitioner seeks before us is an alternative job being afford to him like Security Guard or Peon or any other alternative post, which does not pose any risk, as the one which is involved in driving a vehicle. 2/3 901-WP-4922.2026.odt 3. The learned counsel Mr. Mehadia, representing MSRTC would, however, invite our attention to a communication addressed by the Akola Division, MSRTC Akola to the Civil Surgeon at Akola. With reference to the certificate dated 11.08.2026 a query is raised as to whether the person Shri. Rajesh Pokle falls into the category of being permanently disqualified to discharge his duties as a driver and this clarification is sought in the wake of the Circular of the Corporation for offering an alternative employment. 4. We must note that undergoing a heart operation, and as stated by the learned counsel for the petitioner, an Open Heart Surgery does not create a disability but definitely it poses a risk and threat to the life of the persons traveling in the bus/vehicle, as it can be seen that the doctor has certified that he is under medication and this medication may have impact on his reflexes, and in our opinion, if he is seeking an alternative job, according to us this will be a preventive measure, as in the wake of the medication as well as the potency of skill undergoing he is suffering, any such attack may put the life of the passengers in the bus which he is driving to peril. It is not that the petitioner is not ready to work on any other post but he himself has offered himself for the post of Peon, Watchman etc. so that he is not required to work as a Driver as it may put stress upon him as well as in our view, it would put the life of the passengers in the vehicle which they is travelling to possible peril. 3/3 901-WP-4922.2026.odt 5. In the wake of the aforesaid and in particular, when we are informed that since 03.07.2024 the petitioner is not offered with any job, we direct the respondents to offer an alternative job to the petitioner which would involve office work or side work and we expect such a decision will be taken within a period of two weeks from today and he shall be accommodated on the said post in any case on or before 10th October 2026. Needless to state that on such an absorption, the petitioner shall be entitled to the same Pay Scale, which he was availing on the post of Driver. With these directions, we dispose of the writ petition. No order as to costs. ( Urmila Joshi-Phalke, J.) (Bharati Dangre, J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 21/09/2026 18:42:54