GANPAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is an Ex-serviceman. After retirement from military service, he was appointed as a Driver vide order dated 7th December, 1979 in Haryana roadways against the vacancy reserved for Ex-servicemen. Unfortunately he was involved in an accident on 9th October, 1985 while on duty. His right leg had to be amputed. A notice was given to the petitioner on 18th August, 1988 retiring him from service with effect from 31st October 1988 under rule 3.26 of the Punjab Civil Services rules, Volume II. However, this notice was not acted upon. The Principal Medical Officer, General Hospital, Sector 16, Chandigarh, after examining the petitioner on 5th April, 1990 opined that the petitioner's right leg had been amputed from right lower line thigh femur and an artificial limb had been fitted. Further the petitioner was not able to drive a bus.

(2.) An order dated 16th April, 1990 (Endorsed on 16th May, 1990) (Annexure P-10), was passed by the Manage, Haryana roadways, Under Rule 5.18 of C.S.R. Volume II, retiring the petitioner from service with effect from 31st May, 1990. It is this order which has been impugned in the present writ petition.

(3.) Rule 5.18 of C.S.r. Volume is in the following terms :-