1996 INSC 1349
                                            Jaswant Singh and Another

                                                           Vs

                                                   State 0f Punjab

                                      Civil Appeals Nos. 12832-33 of 1996

                                      (K. Ramaswamy, G. B. Pattanaik JJ)

                                                      23.09.1996

                                                        ORDER

1. Leave granted.

2. We have heard learned counsel for the parties.

3. These appeals by special leave arise from the judgment of the Punjab and Haryana High Court
made on 18-7-1995 in CWPs Nos. 3020 and 3027 of 1994.

4. The appellants were appointed as drivers. While in service, they became blind and, therefore,
they sought for alternative appointment. Instead, they were removed from service. The controversy
is no longer res integra. This Court in Anand Bihari v. Rajasthan SRTC [(1991) 1 SCC 731 : 1991
SCC (L&S) 393 : (1991) 16 ATC 449] had considered the controversy in similar circumstances and
issued directions for alternative appointment as indicated in para 15 of the judgment : (SCC pp. 742-
43)

                  "In view of the helplessness shown by the Corporation, we are constrained to evolve
                  a scheme which, according to us, would give relief as best as it can to the workmen
                  such as the ones involved in the present case. While evolving the scheme and giving
                  these directions we have kept in mind that the workmen concerned are incapacitated
                  to work only as drivers and are not rendered incapable of taking any other job either
                  in the Corporation or outside. Secondly, the workmen are at an advanced age of their
                  life and it would be difficult for them to get a suitable alternative employment
                  outside. Thirdly, we are also mindful of the fact that the relief made available under
                  the scheme should not be such as would induce the workmen to feign disability
                  which, in the case of disability such as the present one, viz., the development of a
                  defective eyesight, it may be easy to do. Bearing in mind all the aforesaid factors, we
                  direct the Corporation as follows :

                  (i) The Corporation shall in addition to giving each of the retired workmen his
                  retirement benefits, offer him any other alternative job which may be available and
                  which he is eligible to perform.

                  (ii) In case no such alternative job is available, each of the workmen shall be paid
                  along with his retirement benefits, an additional compensatory amount as follows :

                  (a) where the employee has put in 5 years' or less than 5 years' service, the amount of
                  compensation shall be equivalent to 7 days' salary per year of the balance of his
                  service;

                  (b) where the employee has put in more than 5 years' but less than 10 years' service,
                  the amount of compensation shall be equivalent to 15 days' salary per year of the
                  balance of his service;

                  (c) where the employee has put in more than 10 years' but less than 15 years' service,
                  the amount of compensation shall be equivalent to 21 days' salary per year of the
                  balance of his service;

                  (d) where the employee has put in more than 15 years' service but less than 20 years'
                  service, the amount of compensation shall be equivalent to one month's salary per
                  year of the balance of his service;

                  (e) where the employee has put in more than 20 years' service, the amount of
                  compensation shall be equivalent to two months' salary per year of the balance of his
                  service.

                  The salary will mean the total monthly emoluments that the workman was drawing
                  on the date of his retirement.

                  (iii) If the alternative job is not available immediately but becomes available at a
                  later date, the Corporation may offer it to the workman provided he refunds the
                  proportionate compensatory amount.

                  (iv) The option to accept either of the two reliefs, if an alternative job is offered by
                  the Corporation, shall be that of the workman."

5. Under these circumstance, the appeals are allowed. The respondent is directed to consider the
cases of the appellants for alternative appointment as and when vacancies arise. No costs.