STATE OF HARYANA Vs. HAWA SINGH:PARBHU RAM

JUDGEMENT

(1.) Leave granted.

(2.) The appeals have been filed on behalf of the State of Haryana for setting aside the order passed by the High court directing the appellant-State to appoint the sons of writ petitioners/respondents on suitable jobs commensurate with the educational qualifications possessed by them. The respondents in the two appeals were employed as drivers in the Haryana Roadways. In the course of time they were declared medically unfit for driving heavy vehicles by the District Medical Officer because of the defect in their eyesight. On the basis of the medical report, the respondents were retired from the service of the Haryana Roadways.

(3.) They filed writ petitions before the High court for a direction that, on being declared medically unfit for the post of the drivers and having been retired from service one of their sons should be given employment. The High court has allowed the writ petitions and has directed to give employment to one of their sons. On behalf of the State, it was pointed out that the Transport Commissioner of the State of Haryana had issued a communication dated 20/8/19922 in respect of the procedure to be followed in case of removal of drivers on account of their being medically unfit to drive heavy vehicles. In the said communication the aforesaid question has been considered in depth by the State government in the light of the judgment of this court in the case of Anand Bihari v. Rajasthan State Road Transport Corpn. A decision has been taken that if a driver becomes unfit due to disease not related to his employment, he should be retired from service on medical grounds by following the procedure prescribed therein. On the other hand,, if the incapacity is related to the occupational hazards, then first an effort should be made to find an alternative employment which may not necessarily be in the same scale of pay as the one he was holding earlier. But it should be ensured that such driver is capable of performing that job. In that event, such employee who is given alternative employment shall be deemed to have retired from his earlier employment with whatever retirement benefits admissible to him and shall draw the salary on basis of re-employment in addition to his retirement benefits, provided that the pension plus the salary on re-employment does not exceed the last pay drawn. In that very communication it has been further provided that in case no job was available and the General Manager certifies to that effect, in that event theemployee shall be paid along with the retirement benefits additional compensation amount, the details whereof have been given in the said communication.