KAMALJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) Grievance of petitioner in present writ petition is one-fold that owing to provisions of policy framed and circulated by the Transport Commissioner Haryana, Chandigarh now designated as Director General, State Transport Haryana dtd. 20/8/1992 and Notification dtd. 27/6/2005, his services as Driver on account of having found medically unfit were dispensed with vide impugned order dtd. 29/12/2017 (Annexure P-8).

(2.) Facts which emanate from pleadings are that petitioner in the year 1990 obtained driving licence for driving a Heavy Motor Vehicle and was selected as Driver in Haryana Roadways. At the time of appointment, petitioner was also medically examined by the Civil Surgeon, Karnal and found fit for the aforementioned post as per fitness certificate dtd. 29/3/1995 and during this period has also been granted ACP on having completed 16 years of service vide order dtd. 28/7/2017.

(3.) Mr. Govind Chauhan, learned counsel appearing on behalf of the petitioner submitted that w.e.f. 10/6/1997, petitioner was made permanent and had been discharging duties with full satisfaction of his superiors without any incident of accident, in other words, had an impeccable record. The General Manager, Haryana Roadways Karnal vide communication dtd. 30/11/2017 requested the Civil Surgeon for conducting medical examination of the petitioner on receipt of the application that he was not able to see from left eye. In pursuance of aforementioned request and various other subsequent letters, Civil Surgeon vide communication dtd. 11/12/2017 (Annexure P-6) on medical examination found that petitioner was able to count finger from half meter, therefore, as per guidelines was not declared to be medically fit. Petitioner, in this regard, vide representation dated nil (Annexure P-7) requested for alternative job but instead of adhering to aforementioned request, his services have been terminated. In support of aforementioned contention, referred to order dtd. 22/4/2015 (Annexure P-9) where in identical case one Kalyan Singh, who was appointed Driver on contract basis and after having regularized was declared medically unfit, thus, retired from service but was given alternative job as Chowkidar. At the time of passing of the impugned order, age of the petitioner was 49 years. Reliance has been placed on judgment of Hon'ble Supreme Court rendered in State of Haryana and others Vs. Hawa Singh 1995 (3) SCT 354.