KUNDAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant has filed the present Original Application and he ahs sought mainly the following reliefs:

(2.) The applicant is feeling aggrieved by the impugned order Annexure-A-4 and A-5 issued by the Respondents whereby the applicant has been denied protection of pay of Rs. 450/- as on 16.5.1985 after transferring the applicant from the category of Cook to Frash on medical grounds due to the injury attributable to service condition.

(3.) The case of the applicant as set out in the Original Application is that in June 1970 he was initially engaged as daily wager Cook by the Respondent department and on 1.1.1980 he was regularized in the trade of Cook itself. When the applicant was regularized in the trade of Cook his pay scale was Rs. 300-5-325/5-350/10-430. On 3.1.1984, the right eye of the applicant got injured during the course of his duty while the applicant was cutting a log of wood for the mess and a splinter of wood flicked and hurt his eye. Ultimately, he lost his sight by one eye and the sight of other eye also got dimmed down and therefore, the Doctors advised him to avoid the work effecting his second eye. The disability of the applicant was assessed as 52% by the Doctors as per Annexure-A-1.