Suresh Kumar v. State of Punjab and Others

IN T

Suresh Kumar

State of Punjab a

CORAM: HO

*** Present : Mr. Mr.

*** AMAN CHAUD

1.

Pray to extend the dat of 58 years.

2.

Lea 26797-2023 title decided on 21.0 which learned S regards the fac aforementioned j "L from disa cert post and ther offi con

30.1

THE HIGH COURT OF PUNJ AT CHANDIGAR

CW

Dat

Versus

and others

ON'BLE MR. JUSTICE AMAN ** Ritesh Aggarwal, Advocate for Arun Gupta, DAG, Punjab. ** DHARY, J. (ORAL) yer made in the present petition te of retirement of the petitioner arned counsel prays for disposing ed as Jagtar Singh Sidhu vs.

05.2024, as it covers the case o tate counsel despite best efforts tual position and draw out a judgment or cite any contrary law Learned counsel submits that th m Post Polio Residual Paralysis ability of 50%, as assessed by th tificate dated 25.11.1986 Annex t of Clerk in the office of Distric joined on 21.12.1987, wherein reafter transferred through prope ce of Deputy Commissioner, M sequently promoted as Senior A

11.2023. He was, in view of the

JAB & HARYANA RH WP-25924-2023 (O&M) te of decision: 05.02.2025

...Petitioner

...Respondents N CHAUDHARY the petitioner. is for directing the respondents r to the age of 60 years instead g of the case in terms of CWP-State of Punjab and others, of the petitioners on all fours, s has been unable to controvert any distinctive aspects in the w and the same read thus:- he petitioner, who is suffering s Right Lower Limb and has a he Civil Surgeon, Faridkot vide xure P-1, was appointed to the ct & Sessions Judge, Ferozepur n he worked for two years and er channel on 02.09.1998 in the Moga on the same post. He was Assistant and was set to retire on e Instructions dated 02.12.2022,

rele Pun

19.0 Prot refe serv claim proc

09.0

24.0 Com soug him writ Cou peti wou of g

30.1 judg the

eased handicap allowance on 02 njab Civil Services Rules Volum

02.2021, appended as Annexure of the Persons with Disab tection of Rights and Full Partic erred to as "the Act of 1995") h vice upto the age of 60 years. Th m, even got his handicappe cedure from the Civil Surge

03.2023 Annexure P-3. He also

05.2023 for with the afor mmissioner had, vide letter dated ght necessary approval with re m. However, no response was rec t petition on 28.11.2023, prior urt vide order dated 30.11.202 itioner succeeds, he will be trea uld also be entitled to salary for grant of extension, the petition

11.2025. The case of the petitio gment in Bhupinder Singh vs. relevant portion whereof reads th "The entire scheme underl provide equal opportunities various kinds of disabilities with any such disabilities. Th disabled persons and pro participation in all matters to come to the level of normal h on account of any physical de

(i) has defined 7 kinds of employment and also reserv provides reservation in servi categories of disabled person

ii) hearing impairment (iii) l palsy. Persons suffering from been treated at par. From various provisions o it is abundantly clear that all have been treated alive and treatment in all spheres of the Act it also appears that eve person in one or other kind not only the enjoyment of no a person of equal opportunitie from any deformity. It is Parliament of this country en no distinction between a pers

2.06.2023. As per Rule 3.27 of me I Part I and Instructions dated e P-6 issued in terms of Section bilities (Equal Opportunities, cipation) Act, 1995, (hereinafter he was entitled for extension in he office in order to consider his d certificate verified as per eon, Moga vide letter dated o submitted a representation on esaid request. The Deputy d 15.11.2023 Annexure P-5 also egard for grant of extension to ceived, he thus, filed the present to his retirement, wherein this 23 made it clear that if the ated to continue in service and the said period as well. In case er will continue in service till oner is squarely covered by the . State of Punjab and others, hus: lining the Disability Act is to s to persons suffering from with those who do not suffer he Act also protects the rights of ovides opportunities for full o enable the disabled persons to human beings and not to suffer eformity or disability. Section 2 f disabilities. Chapter VI for vation in services. Section 33 ices not less than 3% for three s i.e. (i) blindness or low vision ocomotor disability or cerebral m all kinds of disabilities have of the Act noticed herein above, l categories of disabled persons have been subjected to similar eir life. From the scheme of the ery kind of disability places a of disadvantage depriving him rmal life but also deprives such es with those who do not suffer with this objective that the nacted this legislation. There is

¶3T filed Hon obse

disability or the other. A disadvantageous position. Th that the enhancement of age cannot be extended to person physical disabilities does not does it achieve any special rather expedient that all cate be treated alike without any objective of the Act. xxx

In view of the above, this p State is directed to suitably m P-2 & P-3) and extend the be all categories of disabled G under Section 2 (i) of the Dis the Act. The petitioner has years. It is more than one yea I leave it to the wisdom petitioner into service for the to age of 60 years, however emoluments for extended pe deemed to have retired at th entitled to all consequential b

The Division Bench of this Cou d by the State i.e. LPA-1719-n'ble the Supreme Court vide erved thus: "…A doubt had arisen as to w only in the case of blind em time of recruitment or who b service later. Vide Circular d that such a benefit of retirem available in all cases irrespec was blind at the time of recru service, later. This circul distinction between two sets who were blind at the time become blind during servi Therefore, it was clarified became/become blind during discharged from the servic against the suitable posts by t the Punjab C.S.R. Vol.II. Ple that this benefit of enhancing years to 60 years subject to and mentally fit should not handicapped category of disa

All seems to be in similar hus, the contention of the State e meant only for blind persons ns suffering from other kinds of seem to be rational, logical nor purpose. It is, thus, necessary egories of the disabled persons y discrimination to achieve the xxx

xxx petition is allowed. Respondent modify the Circular (Annexures enefit of enhancement of age to Govt. employees as specified sability Act in tune and spirit of been retired at the age of 58 ar that the petitioner has retired. of the State to re-induct the e rest of period of retirement up r, petitioner shall be entitled to riod of retirement. He shall be he age of 60 years and will be benefits." urt while dismissing the appeal 2011, which was affirmed by e judgment dated 16.09.2014, whether this benefit is available mployees who were blind at the ecame/become blind during the dated 16.2.1996 it was clarified ment age of 60 years would be ctive of the fact that employee uitment or became blind during lar emphasized that making s of employees, namely, those of recruitment and those who ice, was not legally tenable. d that those employees who g the service later should not be ce but they may be adjusted taking action under rule 5.12 of ea of the respondent herein was g the age of retirement from 58 their being declared physically t be confined only to visually abled persons, but it should be

extended to other disabled suffering from any disability The Persons with Disab Protection of Rights and F [hereinafter referred to as 'th of the said Act defines the dis "(I) "disability" means-

(i) blindness;

(ii) low vision;

(iii) leprosy-cured;

(iv) hearing impairm

(v) locomotor disabi

(vi) mental retardatio

(vii) mental illness; …..

…..

(t) "person with disabi from not less than fort certified by a medical a xxx

xxx In our considered view, learned Additional Advocate the entire matter. Even if a sc when the Disability Act had of common knowledge that Government as well as State with various schemes for t persons, may be such benefi other category of disabled pe of the Disability Act guarante disabled persons and all th 'disability' defined in Section brought at par. The purpos categories are able to reservations/schemes in rea provisions do not remain on recognized that persons w minority and under-privileged disadvantages. In order to under this Act are extended t Justice and Empowerment, G with "National Policy for Pe on 10.2.2006. "11. "Introductio constitutional spirit Constitution of India justice and dignity of mandates an inclusiv persons with disabiliti

d employees also who were y covered by the provisions of bilities (Equal Opportunities, Full Participation) Act, 1995 e Disability Act']. Section 2 (I) sability as under:- - - - - ment; ility; on;

…..

….. ility" means a person suffering ty per cent of any disability as authority;" x

xxx the aforesaid argument of the e General is a myopic view of cheme was formulated at a time not been enacted, it is a matter t even prior to 1996, Central Governments were coming out the benefit of differently-able its were confined to one or the ersons. However, the enactment eed and assured certain rights to hose fit into the definition of n 2(1) of the Disability Act are se is to ensure that all these get the fruits of such alty as well and that these nly on papers. It is now well with disabilities are invisible d class. They suffer from many ensure that rights guaranteed to them, the Ministry of Social Government of India came out rsons with Disabilities", issued on" to the said Policy starts with recording as under: "The a ensures equality, freedom, f all individuals and implicitly ve society for all including ies. In the recent years, there

¶4T in l

have been vast and pos of the society towards lead a better quality opportunities and effe measures." [emphasis s

¶12This very N fact that education is th and economic empow prime importance is to That is the scheme o Statistics of Socio-Eco is abysmally low lit among the PWDs. F social stigma and it is the most excluded in In Thus, with the enactment disabled persons, irrespect disabilities, are to be treat Disability Act places respon adjustments for disabled pe various practical, psychologi by their disability. The Act with other citizens of Ind vocational training and em establish a coherent and com promotion of just and fair implementation. It creates fo the process of full and total in society. It also aims at facili policies and permits strong breakers. The main aim of P responsibilities of the Centra regard to the services for disa ensure full life to a disabled to make full contribution in condition. The aforesaid discussion w is not only the statutory but suffering from disabilities recognized by law. In this p one disability cannot be trea of disability. All disabled definition of Section 2(I) of class. There cannot be sub-class."

The Government of Punjab, afte light of the judgment rendered

sitive changes in the perception s persons with disabilities can y of life if they have equal ective access to rehabilitation supplied) National Policy recognizes the he most effective tool for social werment and therefore, if any be given to educate the PWDs. of Disabilities Act itself. 13. onomic studies reveal that there teracy and employment rates Further, they face widespread making disabled people among ndian Society." of the Disability Act, all such tive of the nature of their ted equally and at par. The sibility on the society to make eople so that they overcome ical and social hurdles created places disabled people at par dia in respect of education, mployment. The Act seeks to mprehensive framework for the r policies and their effective ormal procedures, which hasten ntegration of the disabled in the itating efficient enforcement of g measures against the law-PWD Act is also to define the al and State Governments with abled persons. The Act aims to individual so as to enable him accordance with his disability would amply demonstrate that it constitutional right of persons s to get special treatment process, persons suffering from ated differently from other kind d persons falling within the f the Disability Act form one classification within this same er a consideration of the matter d in Bhupinder Singh (supra),

issu exte cov clar

¶5H case perm con deal opp that pref purp

¶6T follo app 60 y

¶7L to c aspe

¶8In of B exte don

3.

The (supra).

05.02.2025 ashok

Wh

Wh

ued Instructions dated 19.11.2 ension in service was made avai ered under Section 33 of the A rified by Instructions dated 19.02 Hon'ble the Supreme Court in K e of a disabled employee who, manently incapacitated for furth struing a provision of social ling with disabled persons in portunities, protection of rights a t advances the object of the Act ferred to the one which obstruc pose of the Act." The Division Bench in Kamal D owing the judgment in Bhupind eal and since the petitioner had years by then, granted him wages Learned State counsel despite his controvert the factual position ects in the aforementioned judgm n wake of the above, the present Bhupinder Singh (supra), directin ension in service with all cons ne within a period of two weeks"

e petition is disposed of in te

ether speaking

: ether reportable

:

2014, whereby the benefit of ilable to all disabled employees Act of 1995, which were further

2.2021 along the same lines. Kunal Singh vs. Union India, a while in service was declared her service observed that, "…In beneficial enactment that too ntended to give them equal and full participation, the view and serves its purpose must be cts the object and paralyses the Dev Kalia vs. State of Punjab, der Singh (supra), allowed the d retired on attaining the age of s alongwith interest. s best efforts, has not been able and draw out any distinctive ments or cite any contrary law. t petition is disposed of in terms ng that the petitioner be granted sequential benefits. Needful be

erms of Jagtar Singh Sidhu (AMAN CHAUDHARY)