LexSTATE OF HARYANA AND ORS. versus HAWA SINGH ETC. ETC.
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A STATE OF HARYANA AND ORS. v. HAWA SINGH ETC. ETC. FEBRUARY 23, 1995 B [A.M. AHMADI, CJ. N.P. SINGH AND S.C. SEN, JJ.] Service Law: Haryana Roadway~Drivers declared madically unfit for driving heavy vehicles-Government's communications dated 20.8.1992 and 23.11.1992 making provisions for alternative jobs and for giving appointment_ C to one of the dependents-Claim for appointment allowed by High Courl-On appeal held the High Court's direction not justified-Directions issued for providing alternative job and if it is not possible to pay compensation. The respondent were drivers in the Haryana Roadways. Due to defect in their eyesight, the District Medical Officer declared them medically D unfit for driving heavy vehicles. Therefore, they were retired from service. The respondents filed writ petitions in the High Court for a direction that one of their sons be given employment. The High Court allowed the Writ petitions and directed the State Govt. to give employment to one of E their sons. In this appeal, it was contended that a communication dated 20.8.1992 was issued by which if a Driver becomes unfit due to disease not related to his employment, he should be retired from service on medical ' grounds by following the procedure prescribed; that in case the incapacity \. ... F is related to occupational hazards, then efforts should be made to find an alternative employment, treating it as reemployment, but such driver should be capable of performing that job; and that in another communica· tion issued on 23.11.1992 it was decided to give appointment to one of the dependents of the_ regular Government official who become blind or -~ G Nakara during service and that such officials will have to get a certificate of Unfitness from the Special Medical Board constituted by the Health Department. Allowing the appeals, this Court H HELD : 1. There is no dispute that respondents had not produced 282 ' -*' STATEOFHARYANAv. H.SINGH[N.P.SINGH,J.) 283 any certificate of unfitness from the Special Medical Board saying that A they had become blind or Nakara while in service. The medical certificate produced by them from the Civil Surgeon only certifies that they were medically unfit for driving heavy vehicles. But that does not mean that they have become blind or completely unfit for any service, Moreover, they being the employees of the Haryana Roadways, the communication dated B 20.8.1992 issued by the Transport Commissioner, Haryana shall be ap- plicable in their case because it deals specifically with the Drivers who become medically unfit to continue as drivers in service of the Haryana Roadways. That communication does not speak of giving any employment to any of the dependents of such Drivers only on the ground that they have become medically unfit for heavy vehicles. It is an admitted position that C the respondents who were Drivers of heavy vehicles have not become blind, but due to occupational hazards their eyesight has become weak and beccause of that they have been retired from the service of the Haryana Roadways. [285-D-F] 2. The appellants are directed to give an alternative job to the D respondents strictly following the judgment of this Court in Anand Bihari v. Rajasthan State Road Transpon Corporation. Only in exceptional cir- cumstances, where it is not possible to adjust them in any alternative job, then they shall be paid compensation as indicated in the said judgment of this Court. [287-C-D] E Anand Bihari and Others v. Rajasthan State Road Transpon Corpora- tion, Jaipur and Another, [1971) 1 SCC 731, held ~pplicable. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3079 of .,./ 1995 etc. etc. F From the Judgment and Order dated 11.11.93 of the Punjab & Haryana High Court in C.W.P. No. 3664 of 1993. V.R. Reddy, Additional Solicitor General, Ms. Aysha Khatri, Ms. Indu Malhotra, G.P. Singh Kamal Baid and Ranbir Yadav for the Appel- G lants. B.S. Malik and J.S. Malik, D.K. Garg and M.S. Dahiya for the Respondent in C.A. No. 3079/95. The Judgment of the Court was delivered by H 284 SUPREME COURT REPORTS [1995] 2 S.C.R. A N.P. SINGH, J. Leave granted. The appeals have been filed on behalf of the State of Haryana for setting aside the order passed by the High Court directing the appellant- State to appoint the sons of writ petitioner Resspondents on suitable jobs B commensurate with the educational qualifications possessed by them. The
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