TARA CHAND Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The grievance in this petition filed under Articles 226 & 227 of the Constitution of India is that respondent No.6 Mange Ram had worked in the office of Superintendent Engineer, PWD B&R, Hisar as a Beldar and to reap the benefits of Government instructions dated 23.11.1992 for his son obtained a medical declaration that he was permanentlly handicapped and no longer capable of rendering services to the Department and his son be employed instead. Mange Ram was declared medically unfit and his son was offered the job.

(2.) The said instructions deal with employment of wards of Government servants who have been "temporarily handicapped" during service. It is alleged that the medical certificate was fake and had been procured in connivance with the Board of Doctors of Government Hospital, Hisar.

(3.) The certificate of being 'physically handicapped' complained of is dated 02.07.1993 (P-1). It is two decades old. On the basis of this certificate, Mange Ram's ward Mahender Singh the 7 th respondent was appointed to Government service in place of his father. The petitioner alleges that this drama was enacted to get a Government job for the son. In paragraph 10 of the writ petition, it has been stated as follows:-