Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Haryana Roadway~Drivers declared medically 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 to one of the dependents-Claim for appointment allowed by High Court-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 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 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 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 communication 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 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. |
Judge | Hon'ble Mr. Justice N.P. Singh |
Neutral Citation | 1995 INSC 131 |
Petitioner | State Of Haryana And Ors. |
Respondent | Hawa Singh Etc. Etc. |
SCR | [1995] 2 S.C.R. 282 |
Judgement Date | 1995-02-23 |
Case Number | 3079 |
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