RAM BILASH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) At the relevant time petitioner served as Motor Vehicle Driver in the Banka Coliectorate. He has filed this writ petition questioning the validity of the order bearing Memo No. 53 dated 30.1.2003 passed by the District Magistrate, Banka, (Annexure-4), whereunder petitioner has been compulsorily retired in terms of Rule 74 (A) of the Bihar Service Code with effect from 31.1.2003, in the light of the report of the Medical Board that he is suffering from eye disease and his eye-sight is such that he cannot be entrusted with the job of driving a motor vehicle. It is submitted on behalf of the petitioner that he developed eye disease leading to loss of vision while discharging the duties as driver and in appreciation of such fact as also the provision contained in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 which prohibits dispensing with or reduction in rank to an employee who acquires disability during service tenure, the impugned order ought not to have been passed directing compulsory retirement of the petitioner.

(3.) Counsel for the State has opposed the submission. He submits that when loss of vision on the part of the petitioner was noticed, option was given to the petitioner to serve as a Class-lV employee but petitioner having refused such offer the authorities had no option but to compulsorily superannuate petitioner relying on Rule 74 (A) of the Bihar Service Code .