RANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AFTER completion of 55 years of age on 31.7.1991, the petitioner was sent to the Chief Medical Officer, Bhiwani, for medical examination vide order dated 5.7.1991. The Chief Medical Officer vide his letter dated M 1/91/116 dated 18.7.1991 informed the respondents that the petitioner was unfit for driving heavy vehicles and that he should be given light duty for one year. However, finding that excepting the driving the petitioner cannot perform any light duty, the respondents relieved him from his duty with effect from 31.7.1991 after noon vide Annexure P/1 dated 27.7.91. It is submitted that the order impugned is arbitrary and discriminatory which is liable to be quashed. The action of the respondents has been termed to be perverse and discriminatory. It is submitted that even if the order is presumed to be an order of pre -mature retirement, the same is illegal being violative of the provisions of law applicable in the case. Under similar circumstances, the writ petition filed by Jagdish Chander, Driver, bearing Civil Writ Petition No. 3942 of 1991, was allowed by this Court on 25.4.1990.

(2.) NO return has been filed by the respondents in the case.

(3.) THE learned counsel for the petitioner has relied upon a judgment of the apex Court in 'Anand Bihari and Ors. v. Rajasthan State Road Transport Corporation and Ors. : A.I.R. 1991 S.C. 1003, with a prayer that appropriate directions be issued to the respondents in terms of the guidelines laid down by the Hon'ble Supreme Court. In that case also the Drivers employed to drive the roadways buses of the Rajasthan State Road Transport Corporation who had put in long service were discharged from the service after routine medical examination showing that they had developed defective eye -sight having no required vision for driving heavy motor vehicles like the buses for which they were engaged by the Corporation. The Supreme Court in that case noted the facts and held that: -