BANI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) According to the petitioner Bani Singh, he was working as Driver in Haryana Roadways since 1990. He was sent on duty to Jammu & Kashmir during general election in the year 1996. He stayed there for two months. Due to harsh climatic condition, the petitioner fell ill and his eyes were badly effected. On return to his service, he had asked for leave on health grounds. Instead of medical leave, he was sent for medical examination and was declared unfit to drive heavy vehicle. He was retired from service vide order dated 6.2.1997. He filed departmental appeal but he was not heard. Therefore, this writ petition.

(2.) From order Annexure P-2 dated 6.2.1997 whereby the petitioner had been retired from service, it would come out that the petitioner had become unfit for the post of Driver and no suitable alternative job equal to the post of Driver and any other lower post was available to accommodate him. He was retired in view of the instructions issued by the Transport Commissioner, Haryana, Chandigarh. It was further directed that compensation be worked out and paid. Annexure P-5 is the letter of the Transport Commissioner dated 9.3.1998 issued to the petitioner vide which representation/appeal of the petitioner had been rejected after due consideration since he was found medically unfit for the post of Driver and compensation had been paid to him.

(3.) The facts pleaded by the petitioner and as borne out from Annexures P-2 and P-5 were not denied by the respondents. Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 provides as under :-