Judgment N.P. SINGH, J. (1) LEAVE granted. (2) 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 petitioners/respondents on suitable jobs commensurate with the educational qualifications possessed by them. The respondents in the two appeals were employed as drivers in the Haryana Roadways. In the course of time they were declared medically unfit for driving heavy vehicles by the District Medical Officer because of the defect in their eyesight. On the basis of the medical report, the respondents were retired from the service of the Haryana Roadways. (3) THEY filed writ petitions before the High court for a direction that, on being declared medically unfit for the post of the drivers and having been retired from service one of their sons should be given employment. The High court has allowed the writ petitions and has directed to give employment to one of their sons. On behalf of the State, it was pointed out that the Transport Commissioner of the State of Haryana had issued a communication dated 20/8/19922 in respect of the procedure to be followed in case of removal of drivers on account of their being medically unfit to drive heavy vehicles. In the said communication the aforesaid question has been considered in depth by the State government in the light of the judgment of this court in the case of Anand Bihari v. Rajasthan State Road Transport Corpn. A decision has been taken that 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 therein. On the other hand,, if the incapacity is related to the occupational hazards, then first an effort should be made to find an alternative employment which may not necessarily be in the same scale of pay as the one he was holding earlier. But it should be ensured that such driver is capable of performing that job.
On the other hand,, if the incapacity is related to the occupational hazards, then first an effort should be made to find an alternative employment which may not necessarily be in the same scale of pay as the one he was holding earlier. But it should be ensured that such driver is capable of performing that job. In that event, such employee who is given alternative employment shall be deemed to have retired from his earlier employment with whatever retirement benefits admissible to him and shall draw the salary on basis of re-employment in addition to his retirement benefits, provided that the pension plus the salary on re-employment does not exceed the last pay drawn. In that very communication it has been further provided that in case no job was available and the General Manager certifies to that effect, in that event the employee shall be paid along with the retirement benefits additional compensation amount, the details whereof have been given in the said communication. (4) YET another communication was issued on 23/11/1992 by the Chief secretary to the government of Haryana in respect of incentives to be given to the government servants who become unfit during service by giving appointment to the dependants of such government servants who become blind and unfit. The said communication says: "... it has been decided to give appointment to one of the dependants of the regular government official who become blind or Nakara during service...." It further provides that such unfit officials will have to get a certificate of unfitness from the Special Medical Board constituted by the Health Department. (5) THERE is no dispute that respondents had not produced any certificate of unfitness from the Special Medical Board saying that 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 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 20/8/1992 issued by the Transport Commissioner, Haryana shall be applicable in their case because it deals specifically with the drivers who become medically unfit to continue as drivers in service of the Haryana Roadways.
Moreover, they being the employees of the Haryana Roadways, the communication dated 20/8/1992 issued by the Transport Commissioner, Haryana shall be applicable 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 dependants of such drivers only on the ground that they have become medically unfit for heavy vehicles. It is an admitted position that the respondents who were drivers of heavy vehicles have not become blind, but due to occupational hazards their eyesight has become weak and because of that they have been retired from the service of the Haryana Roadways. (6) ACCORDING to us their case is fully covered by the view expressed by this court in Anand Bihari v. Rajasthan State Road Transport Corpn. where this court held that long services of bus drivers of a State Road Transport Corporation, on ground of their defective or subnormal eyesight developed during course of employment, should not be terminated because that will be unjustified, inequitable and discriminatory. This court also directed to frame scheme for providing alternative jobs along with retirement benefits. It is true that this court said that in case of non-availability of alternative jobs, additional compensation proportionate to the length of service rendered by them should be given. In this background, the High court was not justified in directing that one of the dependants of the respondents be given a suitable job commensurate with the educational qualifications possessed by him. (7) ACCORDINGLY, the appeals are allowed and the orders of the High court are set aside. We direct the appellants to give an alternative job to the respondents strictly following the judgment of this court in Anund Bihari v. Rajasthan State Road Transport Corpn. Only in exceptional circumstances, 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. In the tacts and circumstances of the case, there shall be no order as to costs.