STATE OF HARYANA Vs. SURJEET SINGH

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) The respondent Surjeet Singh was a driver of a heavy vehicle. He was appointed on 24/12/1986. The Medical Board on his examination by proceedings dated 3/9/1993 found that he was suffering from Melineal Inter Cr. fractum resuelant by 5.2 un-c. Consequently, the Medical Board opined that he could not perform the duties of a heavy vehicle driver due to the above disability. Pursuant thereto, he was retired from service. He made an application for appointment of his son as a clerk on compassionate grounds on the basis of the instructions issued by the government. The government on consideration of his representation found that the respondent was neither blind nor nakara (totally invalid) on the date of his retirement and that, therefore, he is not entitled for appointment of his son on compassionategrounds as a clerk. Feeling aggrieved, he filed CWP No. 4088 of 1995 in the High court. The division bench of the Punjab and Haryana High court by order dated 29/8/1995 held that the declaration of unfitness on medical grounds, in other words, his invalidity in the service, attracts the instructions issued by the government dated 28/8/1992 and consequently he is entitled to have his son appointed on compassionate grounds. Calling that order in question, this appeal has been filed by special leave.