STATE OF HARYANA AND OTHERS Vs. BALWANT SINGH

JUDGEMENT

(1.) The State of Haryana impugns the order, passed by the learned Single Judge, dated 4.8.2006, whereby the order, dated 15.7.2002, retiring the respondent from service, was set aside, and the respondent was directed to be reinstated with all consequential benefits.

(2.) The respondent was appointed as a driver in the Haryana Roadways and served as such for more than 15 years. He met with an accident, while on duty, and suffered multiple injuries, which restricted movement of his left ankle joint and led to a loss of the heel pad of right foot. As the respondent was permanently disabled, he was assigned the duty of Yard Master in November 2000 in his own pay scale. Vide report, dated 20.6.2002, a medical board of the PGIMS, Rohtak held the respondent permanently incapable of further service in the department as a driver. The petitioner was retired from service, vide order dated 15.7.2002, on the basis of the aforementioned report.

(3.) Aggrieved by the aforementioned order, the respondent filed C.W.P. No. 5942 of 2003, praying therein that in view of the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter to be referred as "the Act"), his services could not be dispensed with and he should, therefore, have been shifted to some other post in the same pay scale.