RAWAT SINGH Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The petitioner has preferred the instant writ petition under Article 226/227 of the Constitution of India praying for a writ in the nature of certiorari quashing order dated 25th January, 1995, whereby the petitioner was compulsorily retired from service on medical grounds without giving him alternative employment.

(2.) Brief factual matrix of the case is that the petitioner, who was serving in the Army for five years, was employed as a driver by the State of Haryana in the Haryana Roadways on 13th April, 1974. In the year 1990, the petitioner met with a serious accident while he was driving the bus belonging to Haryana Roadways. On 19.12.1990, he was referred to Civil Surgeon, Bhiwani for conducting his medical examination. A report was received from the office of Civil Surgeon that petitioner was not fit to drive heavy vehicle and could only perform light duty. Vide order dated 30th December, 1991 (Annexure P-2), the petitioner was immediately asked to work against the post of Yard Master, same being light duty. It was also directed that the order will remain in operation till 31st January, 1992, whereafter the case would be considered. Vide another letter dated 24.11.1994, the petitioner was again referred to the Civil Surgeon, Bhiwani for medical examination. A medical report, Annexure P-4 was received by the respondents which was to the following effect:-

(3.) It was, thus, opined that petitioner was not fit to drive a heavy vehicle. On 25th January, 1995, order Annexure P-6 was passed by the General Manager, Haryana Roadways, Charkhi Dadri stating that since no suitable alternative job was available to accommodate the petitioner, additional compensation as well as other retiral benefits were to be paid to him. With this observation, the petitioner was compulsorily retired.