KALYAN SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Through the present writ, Kalyan Singh had approached this Court challenging the vires of notification dated 27.06.2005, issued by the Department of Social Justice and Empowerment, Government of Haryana. Through this notification, issued under proviso to sub-section (2) of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the Act), the posts of Drivers and Conductors in the Haryana Roadways were exempted from the provisions of Section 47 of the Act. Kalyan Singh had further prayed for issuance of a writ in the nature of mandamus directing the respondents to protect his pay, which he was drawing as a Driver, prior to his appointment as a Chowkidar, after incurring disability while on duty. During pendency of the present writ, Kalyan Singh expired on 30.03.2010.

(2.) On his death, his legal representatives were brought on record. Late Kalyan Singh (hereinafter referred to as the petitioner) joined as a Driver in the Haryana Roadways on 09.09.1994. On 30.03.1999, while he was driving the bus from Kaithal to Kurukshetra and was on duty, his bus suffered an accident, which resulted in injuring his right eye. As a result of this injury, he was considered unfit to discharge his duties as Driver and resultantly, vide order dated 08.03.2001, he was retired from Government service with immediate effect. This order further offered an alternative job of Chowkidar to him, which, if he was willing to accept, he was to give such acceptance within seven days of the receipt of the orders. If no such written acceptance was received by the concerned Authority, then as per the order, it would be presumed that he does not want alternative appointment as offered. The petitioner states that initially he requested for adjustment against a Class-III post, but simultaneously, also was willing to join on the post of Chowkidar, subject to protection of his pay scale. When none of the above options were accepted by the respondent, he approached this Court through C. W. P. No. 4586 of 2001.

(3.) That writ petition was dismissed as withdrawn on 27.03.2001. Even thereafter, the petitioner was not appointed as a Chowkidar, with protection of his pay, that he was drawing as a Driver prior to passing of the order dated 08.03.2001. He, therefore, again approached this Court through C. W. P. No. 16050 of 2003. This writ petition was disposed of on 16.03.2004 as under :-