Allowed

Amarati Devi v. State of Rajasthan

Rajasthan HC22 Aug 2022CW/10247/2022

Case brief

AI extract

What is this about?

The High Court allowed the writ petition, holding that the petitioner with 60% visual impairment qualifies under the Low Vision category. The court directed respondent authorities to allow her joining within a week and granted notional benefits from the application date.

What did the court decide?

Directed to allow petitioner to join at place of posting within one week. Notional benefits granted with effect from date of application for joining.

Amarati Devi Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 10247/2022

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Amarati Devi D/o Jawara Ram Hudda, Aged About 35 Years, (Physically Handicapped Candidate -LV), Resident Of 1-L-17, Ward No.19, Housing Board, Phalodi, District Jodhpur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Ayurved And Indian Medicine Department, Government Of Rajasthan, Secretariat, Jaipur.

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Director, Ayurved Department, Ashok Marg, Lohagal Road, Savitri College Circle, Ajmer.

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Deputy Director, Ayurved Department, Jodhpur.

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All India Institute Of Medical Sciences Jodhpur, Basni, Phase-II, Jodhpur, Through Its Director.

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----Respondents

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For Petitioner(s) : Mr. Yashpal Khileree For Respondent(s) : Mr. A.K. Gaur, AAG Mr. Mukesh Rajpurohit, ASG for respondent No.4-AIIMS

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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22/08/2022

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The present writ petition has been filed with the prayer for consideration of candidature of the petitioner for providing joining on the post of Compounder/Nurse Junior Grade under PH category pursuant to the appointment order dated 24.05.2022.

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The case of the petitioner is that she had applied in the category of Specially Abled (visually impairment) on the basis of disability certificate dated 16.09.2007 wherein she was indicated with 75% blindness. The petitioner got selected and even order of posting was issued but before joining, she was sent for medical examination wherein the certificate dated 03.06.2022 was issued

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(2 of 3)

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[CW-10247/2022]

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indicating that the petitioner was fit except her status of PH (blind 75%). Because of the said report, the petitioner was not allowed to join services and hence the present petition has been filed.

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In the present writ petition, the petitioner submitted that she was ready to undergo a fresh medical examination at AIIMS, Jodhpur for the purpose of examination of her disability that is 75% visually impairment. Vide order dated 02.08.2022, the petitioner was directed to appear before the AIIMS, Jodhpur and report of the medical examination was directed to be placed on record.

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In pursuance to the order dated 02.08.2022, the report of medical examination as conducted by the AIIMS, Jodhpur has been placed on record today in a sealed cover. The said medical report dated 17.08.2022 specifies as under:

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“ Her Permanent Physical Disability i.e. Visual Impairment (VI) is 60% (Sixty percent only) Cat – III c (Low Vision). ”

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The condition of the advertisement dated 17.06.2021

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prescribed as under:

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“(v) foKkfir mDr inksa ds fy;s jktLFkku fnO;kaxtu vf/kdkj fu;e 2018 ds izko/kkuksa ds vuqlkj fo”ks’k ;ksX;tu vH;fFkZ;ksa (Persons With Disabilities) dks 4 izfr”kr vkj{k.k {kSfrt :i ls ns; gksxk] vFkkZr~ vH;FkhZ ftl oxZ dk gksxk mlh oxZ ds inksa esa lek;ksftr fd;k tkosxkA fo”ks’k ;ksX;tu dh i`Fkd ls esfjV lwph cukdj p;fur vH;fFkZ;ksa dks mudh ewy tkfr oxZ ds fy, vkjf{kr inksa ds fo:) p;fur ekuk tkosxkA

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uksV %& 40 izfr”kr ;k mlls vf/kd fu%”kDrrk gksus ij gh bl oxZ ds fy;s vkjf{kr inksa gsrq ik= ekuk tkosxkA foHkkx }kjk foKkfir bu inksa gsrq ik= fo”ks’k ;ksX;tu Jsf.k;ksa dk fooj.k fuEukuqlkj gS %&

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in uke ik= fo”ks’k ;ksX;tu Js.kh dEikm.Mj@ulZ twfu;j xszM OL (One Leg) LV (Low Vision) HH (Hard of Hearing) Dwarfism and acid attack victims

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(3 of 3)

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[CW-10247/2022]

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A bare perusal of the above clause makes it clear that the low vision is also a category specified in the “Persons with Disability” category and according to the report of AIIMS, Jodhpur too, the petitioner is 60% disabled (visual impairment). Therefore, in terms of the advertisement, the petitioner does fall in the category and is clearly entitled to be allowed to join at her place of posting.

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Therefore, in view of the above observations, the present writ petition is allowed. The respondent-authorities are directed to allow the petitioner to join at her place of posting in pursuance to the appointment order dated 24.05.2022 within a period of one week.

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It is made clear that the petitioner would be entitled for notional benefits with effect from 03.06.2022, the date of her application for joining.

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The stay application stands disposed of.

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(REKHA BORANA),J

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86-T.Singh/-

Amarati Devi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Amarati Devi v. State of Rajasthan

Case brief

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