Petitioner sought extension of service to 60 years claiming 52% disability. Court dismissed writ petition under Rule 143 of 2016 rules, which grants extension only for 70% disability or above.
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C.W.P 10413 of 2019
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
C.W.P 10413 of 2019 Date of decision : 29.04.2019
Bijender Kumar
......Petitioner
versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Ram Niwas Sharma, Advocate for the petitioner.
RITU BAHRI , J. (Oral)
Through the instant civil writ petition, preferred under Articles 226/227 of the Constitution of India, petitioner has sought the issuance of a writ in the nature of Mandamus directing the respondents to give him extension in service from 58 to 60 years as he has been declared 52% permanent physically disabled by Medical Board of PGIMS Rohtak vide Medical Examination Report dated 04.04.2019 (P-2).
After hearing learned counsel for the petitioner, the present petition deserves to be dismissed in view of Rule 143 of Haryana Civil Services Rules, 2016, which reads as under:-
143. Retirement on superannuation.—
(1) Except as otherwise provided in these rules, every
Government employee shall retire from service on afternoon of the last day of the month in which he attains the age of retirement prescribed for him or for the post held by him in substantive or officiating capacity, as the case may be. However, a Government employee whose date of birth is the first of a month shall retire Gaurav Arora from service on the afternoon of the last day of the preceding 2019.05.29 16:42 I attest to the accuracy and integrity of this document Chandigarh
C.W.P 10413 of 2019
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month on attaining the prescribed age. The age of retirement on superannuation is fifty eight years for all groups of employees except the following for whom the same is sixty years:-
(i) Differently-abled employees having minimum degree of disability of 70% and above;
(ii) Blind employees;
(iii) Group ‘D’ employees; and
(iv) Judicial Officers. No Government employee shall be retained in service after attaining the age of superannuation, except in public interest and in exceptional circumstances, without the approval of Council of Ministers.
Learned counsel for the petitioner is relying upon judgment dated 04.03.2015 passed in CWP No. 3919-2015 titled as Hardev Kaur vs. State of Haryana and others (P-8). LPA is pending against this judgment
This judgment is not applicable as the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act), 1995 has been repealed with Haryana Civil Services Rules, 2016 wherein if the differently-abled employees having minimum degree of disability of 70% and above can be retained in service after the age of 58 years till 60 years. In the present case, it is not in dispute that the petitioner is 52% permanent physically disabled and hence no ground is made out for issuance of direction to the respondents to give extension to the petitioner in service from 58 to 60 years.
Dismissed.
April 29, 2019
(RITU BAHRI) JUDGE Whether speaking/reasoned Yes Whether reportable No
G Arora
Gaurav Arora 2019.05.29 16:42 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether a Government employee declared 52% permanently disabled is entitled to an extension of service from 58 to 60 years under the Haryana Civil Services Rules, 2016.
Colour shows how this judgement treated each authority
Hardev Kaur vs. State of Haryana and othersDistinguished¶26
CWP No. 3919-2015 titled as Hardev Kaur vs. State of Haryana and others
1 provisions across 1 enactments
Bijender Kumar
State of Haryana
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
