RAJENDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE appellant was a driver in Haryana Roadways. He would have retired from service on attaining the age of superannuation w.e.f. 31.12.2011. However, the department retired him compulsorily vide order dated 2.11.2010 due to low vision. The appellant challenged that order but the learned Single Judge dismissed his writ petition. Still aggrieved, the appellant preferred this appeal in which vide order dated 2.8.2012 we directed the respondents to re -consider the matter and postpone the date of retirement of the appellant to 31.12.2011. Learned State counsel has handed -over a copy of the order dated 31.8.2012 passed by the General Manager, Haryana Roadways, Narnaul postponing the date of retirement of the appellant to 31.12.2011. In this manner, the appellant is deemed to have retired from service on attaining the age of superannuation w.e.f. 31.12.2011 for all intents and purposes.

(2.) THOUGH the above -stated order was passed subject to final outcome of this appeal, however, we are of the firm view that the appellant was entitled to be retained in service till the age of his retirement on superannuation. Consequently, the appeal is allowed in the above terms and the order passed by the learned Single Judge is modified accordingly. The resultant effect would be that the appellant shall be entitled to the retiral benefits on the assumption that he retired from service w.e.f. 31.12.2011. In case the appellant is entitled to any other service benefit which was not the subject matter of writ petition, we grant him liberty to approach the Competent Authority for that purpose. Dasti.