S BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the record.

(2.) The petitioners (in all the writ petitions) are the drivers of the Roadways, who have been declared unfit for performance of their duties as drivers on the ground of medical unfitness. The petitioners have submitted that illness to which they have been subjected is attributable to their service conditions for which they cannot be penalised and the respondent is under an obligation to provide them alternative jobs or adequately compensate them if no such job is available with them. The learned counsel for the petitioners has relied upon the judgement of the Supreme Court in Anand Bihari and others Vs. Rajasthan State Road Transport Corporation, Jaipur and another, etc., 1991 AIR(SC) 1003. In that case, the Supreme Court Considered the cases of drivers of the Rajasthan State Road Transport Corporation, who had been declared medically unfit to perform further duties as drivers and attributing such disease to their service conditions, the Supreme Court issued appropriate directions to the corporation for rehabilitation of such drivers who had been subjected to disability on account of service conditions keeping in view the nature of duties performed by them. The Corporation in that case was directed to grant appropriate relief to the petitioner therein keeping in mind all the circumstances and to take action as follows.

(3.) The learned counsel appearing for the respondents have referred to the policy Annexure P.8 of the Government attached with C.W.P. No. 17066 of 1994 and submitted that the alternative job can be offered to any one member of the family of the petitioner provided he fulfills the qualifications required for the post of driver. We, however feel that providing a job of driver would be against the spirit of the directions given by the Supreme Court in Anand Bihari's case . The respondents shall, however, be at liberty to provide alternative job to a family member of the each petitioner if he possess the requisite qualification for the post offered to him, which may not be necessary be a post of driver.