BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present application has been moved for listing of this case on some actual date as according to the petitioner the case is completely covered by a Division Bench judgment of this Court in Civil Writ Petition No. 18916 of 2004, decided on 15.12.2005.

(2.) Learned Counsel for the parties are agreed that the application may be allowed and the writ petition be taken up for hearing today itself. C.M. is allowed. With the consent of the parties, the writ petition is being disposed of by separate order. C.W.P. No. 5942 of 2003

(3.) By way of the present writ petition the petitioner is challenging the order Annexure P-2 dated 15.7.2002 vide which he was retired from Government service. A perusal of the facts would show that the petitioner had joined the service of Haryana Roadways as a Driver. It is his contention that in the year 1999 he met with an accident while on duty and suffered multiple injuries reflecting malunited fracture Left Tibia, Febulla and second metarsal bone with osteomy lytis, restricted movement left ankle joint and loss of heel pad of right foot. Resultantly, he could not discharge duties as a Driver. Initially on account of the injuries suffered by him, he was referred to the Medical Board at P.G.I.M.S. Rohtak. On account of disability suffered by him, ultimately he was retired from service. Petitioner had filed this writ petition relying on Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter to be referred as, `the Act') to contend that if an employee suffered disability during service, his services could not be dispensed with but he will have to be shifted to some other post with the same pay scale. The respondents on the other hand are relying on a notification issued by the State Government on 27.6.2005 exempting the post of drivers and conductors in the Haryana Roadways from the operation of Section 47 of the Act.