JAI KISHAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ of Mandamus directing the respondents not to impose any cut regarding salary of the petitioner and respondents be restrained from making any recovery pertaining to award of MACT No.22 of 1991 decided on 30.9.1993 by the Motor Accident Claims Tribunal, Sonepat (Annexure P-1).

(2.) The case pleaded by the petitioner is that he was a Cleaner of Truck No.HNS 1312 of Haryana State P.W.D. ( B &R) department and the Balbir Singh was the driver of the truck. The said truck met with an accident on 22.12.1990 and one Ishwar Singh died because of the accident. In the claim petition filed by the legal heirs of the deceased Ishwar Singh, a sum of Rs. 1,15,200/- was awarded along with 12% interest per annum against the petitioner and State jointly and severally.

(3.) On the other hand, the State in its written statement filed on behalf of respondents, pleaded that the petitioner was having a driving licence and he was appointed as Cleaner of the truck and the petitioner was driving the said truck without any authority and thus, the recovery of the amount from the salary of the petitioner was justified and reasonable since the petitioner had not preferred any appeal against the impugned award and the respondents are fully competent to recover the amount from the petitioner as per award.