CM No.2588 of 2010 and CWP No.1707 of 2000 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 02.03.2010 Surinder Kumar ... Petitioner Versus The State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. JS Maanipur, Advocate, for the petitioner. Mr. RS Kundu, Addl.AG, Haryana, for the respondents. PERMOD KOHLI, J. (Oral): CM for early hearing is allowed. With the consent of the learned counsel for the parties, the file is taken on Board for final disposal. Heard the learned counsel for the parties. The petitioner was serving as a Driver in the Haryana Roadways having been appointed on 25.6.1983 in Yamuna Nagar Depot. Thereafter, his services were transferred to Haryana Roadways, Ambala Depot on 1.1.1996. The petitioner was found unfit for driving heavy vehicles by the Civil Surgeon, Ambala. On the basis of his medical examination, the petitioner has been retired from service vide order dated 26.5.1999. It is this order which has been challenged in the present writ petition. The petitioner made a representation for his adjustment in the department on some other light duty as per the government policy dated 20.06.1992. The petitioner also served a legal notice claiming his adjustment on the vacant post of Yardmaster and Diesel Pump Attendant. CM No.2588 of 2010 and CWP No.1707 of 2000 2 The petitioner also claims parity with one Satpal, who was also found unfit, but has been adjusted on some light duty in the department. Having failed to secure the relief from the respondents, the petitioner has filed the present writ petition. I have perused the Division Bench judgment of this Court passed in CWP No.14037 of 2005, decided on 27.11.2006 (Annexure A-1) wherein the following directions have been issued:- “On principle, precedents as well as the rules, the claim of the petitioner deserves to be accepted. Accordingly, we allow the writ petition. The order dated 17.9.2003 passed by the respondents is set aside and the petitioner is ordered to be reinstated in service on the post of Driver along with all consequential benefits with regard to seniority, promotion, payment of arrears of salary etc. We also quash order dated 18.6.2004 (Annexure P-4) effecting recovery of Rs.36,721.00 from the gratuity of the petitioner. The petitioner shall report for duty on the post of Driver within six months from today.” This judgment of the Division Bench has been affirmed by the Hon'ble Supreme Court vide order dated 16.2.2009 (Annexure A-2). Learned Single Judge of this Court has also passed a similar order in CWP No.11006 of 2004 (Abhey Ram Vs. State of Haryana and others), decided on 14.7.2009. The present petition is squarely covered by the decision CM No.2588 of 2010 and CWP No.1707 of 2000 3 aforesaid. In view of the above, this petition is allowed. The petitioner shall be reinstated into service within a period of 15 days from the date a certified copy of this order is made available to the competent authority. The petitioner is also held entitled to all consequential benefits. However, the amount paid to the petitioner on account of his forced retirement shall be adjusted against the emoluments found payable to him. No costs. 02.03.2010 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO