GURBACHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing order dated September 15, 2005 (P-5) passed by General Manager, Haryana Roadways, Kurukshetra. By the aforementioned order, the petitioner has been retired from service w. e.f. September 15, 2005 from the post of driver on the ground that the Special Medical Board. Pt. B.D. Sharma, PGIMS, Rohtak, vide Memo No. PGI/MS/C.II/MB/02/03, dated January 6, 2003 (P-l) declared that the petitioner is unfit for further service as Driver and that he is completely and permanently incapacitated for further service in the Department of Haryana Roadways on account of Post Traumatic Stress Disorder (PTSD).

(2.) Brief facts of the case are that the petitioner had joined as driver with the Haryana Roadways, Kurukshetra Depot, in October, 1987 on ad hoc basis through Employment Exchange. His services were regularised in June, 1988 on the post of Driver. It is claimed that the petitioner performed his duties to the entire satisfaction of his superior and in the year 1996 he was assigned the duties of Diesel Pump Clerk and since then he was performing his duties as such. The petitioner was referred to Pt. B.D. Sharma Postgraduate Institute of Medical Sciences, Rohtak, for medical check, where he was examined by the Medical Board on December 8, 2002. The Special Medical Board, vide Medical Certificate bearing Memo No. PGI/MS/C.II/MB/02/03, dated January 6, 2003 (P-l), declared that the petitioner is unfit for further service as driver and that he is completely and permanently incapacitated for further service in the Department of Haryana Roadways on account of PTSD. On the basis of the aforementioned Medical Certificate, respondent No. 3 issued him a show cause notice on January 21, 2003 seeking option of the petitioner whether he want to be appointed on the post of Peon. The aforementioned show cause notice was challenged by the petitioner by filing a Civil Suit bearing No. 15/2003 in the Court of Civil Judge (senior Division), Kurukshetra. The Civil Judge vide order dated December 29, 2003 ordered for maintaining of status quo with regard to the service of the petitioner. On July 18, 2005, the petitioner made a statement before the Civil Court that he does not want to proceed with the suit as he was assured by the Department that a legal order on the show cause notice should be passed (P-2). Thereafter, another show cause notice dated August 4, 2005 (P-3) was issued, which was similar to the earlier show cause notice. Reply of the second show cause notice was filed by the petitioner on August 5, 2005 (P-4) requesting therein that show cause notice be filed and he may be allowed to continue on the post of Driver. However, respondent No. 3 passed an order dated September 15, 2005 (P-5), retiring the petitioner from service w.e.f. September 15, 2005, from the post of driver, on the ground that the Special Medical Board, Pt. B.D. Sharma, PIGIMS, Rohtak, has declared that the petitioner is unfit for further service as Driver and that he is completely and permanently incapacitated for further service in the Department of Haryana Roadways. It has further been mentioned that the petitioner was offered an alternative job i. e. Class IV post of Peon, vide letter No. 627/ BCD, dated January 21, 2003 and letter No. 5072/ ECD, dated August 4, 2005 but he refused to accept the above mentioned offer. Consequently, the petitioner has been retired from service under Rule 5.18 of Civil Services Rules. Volume I, Part II in the public interest. In addition to the other retiral benefits admissible under the Rules, an amount of Rs. 33,181/- has also been paid as additional compensation, vide draft No. 678192, dated September 15, 2005, keeping in view the instructions issued by the Transport Commissioner, vide Memo No. 4392/4410, dated August 20, 1992 which is subject-matter of challenge in this petition.

(3.) It is appropriate to mention that the pay scale of the post of Driver is Rs. 4000-6000 and the petitioner was enjoying the ACP scale of Rs. 5000-7850/- plus usual allowances at the time of passing the impugned order dated September 15, 2005.