PANJIM: The High Court of Bombay at Goa has ordered to reinstate a driver in service in the semi-government Corporation with full back wages within two weeks and to pay arrears of back wages within four weeks.
The petitioner Luis Fernandes from Agalli, Fatorda was appointed as a driver with the Goa State Scheduled Castes and Other Backward Classes Finance and Development Corporation Ltd on October 16, 2000 and his services were confirmed on August 3, 2005. Unfortunately, on December 31, 2020, the petitioner suffered a paralytic stroke and when resumed duties in March 2021, he requested the managing director of Goa State SC and OBC Finance and Development Corporation to exempt him from long-distance driving due to his physical condition.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
In June 2021, Fernandes was referred to the Medical Board for examinations, who vide its certificate, observed that the petitioner was not fit to work as a driver and suggested that he may be allocated some other less skilful job like a clerical job. But he was issued a show cause notice in December 2022 asking him as to why he should not be made to retire on medical grounds.
In January 2023, the petitioner filed his reply by giving specific reasons and also informing that he has fully recovered and, therefore, the show cause notice be withdrawn. However, the managing director of the Corporation ordered that he be relieved with effect from January 11, 2023, claiming that he stood retired or prematurely retired on medical grounds.
However, the Court observed that the action taken by the Corporation was insensitive, high handed and without application of the mind. The earlier resolution was to accommodate the petitioner as Multi-Tasking Staff by giving him other work, the Court said and quashed and set aside the two orders dated December 12, 2022 (show cause notice) and the order dated January 9, 2023 (relieving order).
