GIAN CHAND Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order shall dispose of two writ petitions being CWP Nos. 18916 of 2004 and CWP No. 2700 of 2005 as common questions of law and fact are involved.

(2.) The petitioner was appointed as a Driver in the Haryana Roadways in May 1984. In the month of January, 1995, he met with an accident and suffered 26% disability. He was examined by a Medical Board which opined that he was medically unfit for holding the post of a driver and he was accordingly (in January, 1996) assigned light duty as Incharge of the Fees Counter. He was however retired on medical grounds vide order dated 10.12.2002 Annexure P.2 under the cover of the judgment of the Hon'ble Supreme Court in Anand Bihari etc. v. Rajasthan State Road Transport Corp. Jaipur and another etc., 1991 2 SCT 44 The case of the petitioner is that it was not open to the employer to retire the petitioner on 10.12.2002 in the light of the provisions of Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the Act).

(3.) Mr. Sidhu argues that a notification Annexure R.1 dated 27.6.2005 had been issued by the State Government whereby drivers and conductors of the Roadways had been exempted from the provisions of Section 47 of the Act and as such the respondents had justifiably retired the petitioner.