LAWS(MPH)-1995-2-76

RAMESHWAR DASS Vs. STATE OF HARYANA

Decided On February 23, 1995
RAMESHWAR DASS Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE appeals have been filed on behalf of the appellants who had been employed as drivers in Haryana Roadways. While in service, their eyesight became defective and subnormal. On that ground, the appellants were retired from the service of the Haryana Roadways. The writ petitions filed on their behalf were dismissed by the High Court.

(3.) IT appears that some of the appellants suffered serious injuries during the course of their employment which incapacitated them from performing their duties. Initially, they were transferred to lighter duties, but while they were working on those posts, they were retired from service on the ground that they were medically unfit. From the written submission filed on behalf of the respondents before the High Court, it appears that the terminal benefits have been paid to them. If the judgment of this Court in Anand Bihari v. Rajasthan State Road Transport Corpn. (Supra) is read in its proper context and spirit, then it has to be held that this Court impressed on the State Road Transport Corporation to first provide for alternative jobs to such drivers who have become medically unfit for heavy vehicles. A direction for payment of additional compensation was given only when it is not possible at all in the existing circumstances to provide alternative jobs to such drivers. It need not be pointed out that the authorities of the Corporation should not take recourse only to the payment of the additional compensation without first examining whether such drivers could be put on alternative jobs.