Civil Writ Petition No. 16921-CAT of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Civil Writ Petition No. 16921-CAT of 2006 Date of decision: 07.05.2009 Om Parkash ........Petitioner Versus Union of India and others .......Respondent(s) Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Ms Justice Nirmaljit Kaur 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. G S Bal, Advocate for the petitioner Mr. Mahesh Dheer, Advocate for the respondents -.- Ashutosh Mohunta , J. (Oral) The petitioner was appointed as a Khalasi in Madhopur Central Electrical Division of CPWD on 14.09.1972. On 24.09.1990, the petitioner was appointed as a Motor Lorry Driver under respondent No. 4, Executive Engineer, Chandigarh Central Division No. 2, CPWD, Chandigarh. Since, the services of the petitioner were not regularized, he filed O.A. No. 706/CH of 1998 before the Chandigarh Administrative Tribunal, Chandigarh Bench, Chandigarh, which was disposed of with a direction that the claim of the petitioner be considered by granting him age Civil Writ Petition No. 16921-CAT of 2006 2 relaxation. Ultimately, the services of the petitioner were ordered to be regularized as Motor Lorry Driver, vide order dated 02.04.2004, Annexure A-3, passed by this Court in Civil Writ Petition No. 8322-CAT of 2003. Pursuant thereto, a temporary appointment letter was issued to the petitioner on 21.07.2005, which was subject to the clearing of medical test. The petitioner was medically examined at General Hospital, Sector 16, Chandigarh, where the doctors opined that the petitioner is unfit for the post, being colour blind. Thereafter, the petitioner approached the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, praying that he be medically examined by a Board of Medical Doctors, either at Post Graduate Institute of Medical Research and Science, Chandigarh or any other Hospital. In O.A. No. 85/CH of 2006, learned Tribunal, issued directions vide order dated 28.07.2006 (Annexure P-3), to examine the petitioner again at Government Medical College and Hospital, Sector 32, Chandigarh. Pursuant thereto, the petitioner was duly medically examined, and in the report, it was observed that the petitioner is unable to read the “Ishihara Plates” and it was also observed that the petitioner is suffering from total colour blindness. On the basis of the aforesaid report, the learned Tribunal dismissed the O.A., filed by the petitioner. Thereafter, the petitioner challenged the order 04.10.2006 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh in O.A. No. 85/CH of 2006, before this Court, by filing the present writ petition. During the course of hearing, counsel for the petitioner has brought to the notice of the Court that the petitioner had approached the P.G.I., Chandigarh, for getting himself medical tested, where the petitioner Civil Writ Petition No. 16921-CAT of 2006 3 was examined by the Doctors, who opined that “Patient is unable to differentiate colours on ishrara, but can differentiate red, green colour on lantern test”. On the basis of the aforementioned report, Mr. Bal, counsel for the petitioner, submitted that the petitioner be again medically examined from the P.G.I., Chandigarh. However, this Court vide order dated 20.03.2009, directed the Medical Superintendent, Government Medical College, Sector 32, Chandigarh, to conduct a colour vision test of the petitioner and send its report to this Court in a sealed cover. This Court had also directed that all the tests which are necessary as per rules for the post of Motor Lorry Driver, should be conducted. Pursuant thereto, the Medical Superintendent, Government Medical College and Hospital, Sector 32, Chandigarh has submitted the medical report conducted by the Medical Board, which runs as under:- “The Medical Board consisting of Dr. Atul Sachdev as Chairman and Dr. R.K. Bansal and Dr. Rohit Jindal as Members met on 09.04.2009 at 3.00 p.m. in the office of the Chairman. The members examined Mr. Om Parkash from the point of view of colour vision and found that he could not identify the Ishihara's colour plates. The facility for testing the colour vision on Lantern test is not available with Government Medical College and Hospital, Chandigarh, hence, it is not possible to test the colour vision on the lantern test. This facility is available in other institutes and can be got done from there. Civil Writ Petition No. 16921-CAT of 2006 4 As per the board and his testing of the colour vision on the Ishihara's colour plates, he is totally colour blind.” Mr. Bal, counsel for the petitioner, contends that only “Ishihara test” was conducted on the petitioner and no lantern test was conducted, as this facility was not available with the Medical College, Sector 32, Chandigarh. He further submits that if lantern test would have been conducted, then it would have been clearly established that the petitioner has a fairly good eyesight and is fit for the post of Motor Lorry Driver. Learned counsel for the petitioner further submits that the petitioner has worked for more than 25 years in the CPWD Department as a Lorry Driver, therefore, he be adjusted on some alternative post, even if the same is Class IV post. After hearing learned counsel for the parties, we are of the considered opinion that the petitioner cannot be appointed as a Motor Lorry Driver, as he has failed in the “Ishihara colour plates” test, twice. The petitioner cannot differentiate between different colours. Therefore, this prayer of the petitioner for appointing him as Lorry Motor Driver, is outrightly rejected. However, we are of the considered opinion that as the petitioner has worked for more than 25 years in the CPWD Department as a Lorry Driver and has a unblemished service record, therefore, it would be appropriate if the petitioner can be adjusted on a post which has sedentary duties. Accordingly, we direct the respondents to give appointment to the petitioner on some alternative post in the department in which colour Civil Writ Petition No. 16921-CAT of 2006 5 blindness does not come in his way in the performance of his duties. Counsel for the respondents submits that there is no post lying vacant at present in the department, and hence, no alternative appointment can be given to the petitioner. Although, the statement of the learned counsel for the respondents, is contested by Mr. Bal, counsel for the petitioner, but nevertheless, we direct the respondents to give appointment to the petitioner on a Class-III post against any available vacant post or to the next post, which falls vacant. In case, a class III post is not available, then the petitioner may be adjusted on some class IV post. Apart from the above, the petitioner was paid a sum of Rs.50,000/- in pursuance of the order dated 30.07.2007. This amount be adjusted from the salary of the petitioner as and when he is given fresh appointment. The writ petition is disposed of in the aforesaid terms. [Ashutosh Mohunta] Judge [Nirmaljit Kaur] Judge May 07, 2009 mohan