Disposed

Tilak Raj v. State of Punjab and Ors.

Punjab & Haryana HC14 Jul 2011CWP/10706/2011

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What is this about?

The petitioner, a physically challenged person, sought direction for continuation in service till age 60 under the Persons with Disabilities Act, 1995, citing a medical certificate and a referenced judgment. The High Court directed the respondents to decide on retention in service beyond age 58.

What did the court decide?

Direction to respondents to decide on petitioner's retention in service beyond age 58 years, preferably before 31.07.2011, with continuity of service benefits if accepted. Petitioner not entitled to i

Tilak Raj Vs State of Punjab and Ors. — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.10706 of 2011(O&M) Date of Decision: 14.07.2011 ****

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Tilak Raj

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VS.

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State of Punjab & Ors. . . . . Respondents

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CORAM : HON’BLE MR.JUSTICE SURYA KANT

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Present: Mr. Sharwan Sehgal, Advocate for the petitioner *****

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SURYA KANT, J. (ORAL)

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(1). Notice of motion. On the asking of the Court, Mr. BS Chahal, learned DAG Punjab, accepts notice on behalf of the respondents. Having regard to the nature of order which I propose to pass, there is no necessity to call upon the respondents to file their counter-reply(ies)/affidavit(s), at this stage.

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(2). The petitioner seeks a direction for his continuation in service till he attains the age of 60 years, being a physically challenged person.

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(3). Reliance is placed upon a certificate dated 12.01.1995 (Annexure P3) issued by the Civil Surgeon, Hoshiarpur certifying that the petitioner is permanently disabled to the extent of 60%. It is contended that even as per the mandate contained in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short, ‘the Act’) coupled

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2 –

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CWP No.10706 of 2011.doc

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with the view taken by this Court in CWP No.7233 of 2010 (Bhupinder Singh v. State of Punjab & Ors.)

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decided on 25.05.2011, the petitioner is entitled to continue in service till the age of 60 years.

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(4). The petitioner is otherwise due for retirement at the age of 58 years w.e.f. 31.07.2011.

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(5). Having heard learned counsel for the petitioner and without expressing any view on merits on his entitlement, I deem it appropriate to dispose of this writ petition with a direction to respondents No.1 & 2 to take an appropriate decision regarding petitioner’s retention in service beyond the age of 58 years in the light of the provisions/decision referred to above, preferably before 31.07.2011. However, if the decision is taken thereafter and the petitioner’s claim is accepted, he will be entitled for the benefit of continuity of service.

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(6). Ordered accordingly. Dasti .

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14.07.2011

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vishal shonkar

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(SURYA KANT) Judge

Tilak Raj v. State of Punjab and Ors.

Case brief

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Tilak Raj v. State of Punjab and Ors.

Case brief

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