LAKHMI CHAND Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) TO whom and under what circumstances the benefit of policy (Annexure R/l) dated 20th August, 1992 issued by the Transport Commissioner, Haryana and benefits of policy (Annexure P/3) issued by the Chief Secretary, Haryana, pertaining to the benefits to the employees who are declared unfit during the service period can be conferred or bestowed, is the main question of law to tie determined in this petition.

(2.) AFTER the judgment of the Supreme Court in Anand Bihari v. Rajasthan State Road Transport Corporation, Jaipur : A.I.R. 1991 S.C. 1003, the Transport Commissioner, Haryana, decided to prescribe a procedure for removal of Drivers on account of their being medically unfit to continue in service. It was decided to follow the following procedure in modification of the Transport Commissioner's earlier letter dated 11th September, 1987 issued to all the General Managers of the Haryana Roadways:

(3.) IN order to appreciate the rival contentions it would be necessary to have a look at the facts of this case. The Petitioner who was working as a Driver in Haryana Roadways, Faribadad