Date Suresh Kumar v. State of Punjab an and others
Case Details
CWP-25924-202 23 (O&M) 1 IN THE HIGH COURT OF PUNJA UNJAB & HARYANA IN T ARH AT CHANDIGARH 266 CWP CWP-25924-2023 (O&M) Date of decision: 05.02.2025 Date Suresh Kumar ...Petitioner Versus State of Punjab an and others ...Respondents CORAM: HON
Legal Reasoning
HON'BLE MR. JUSTICE AMAN C AN CHAUDHARY Present : Mr. ***** ***** Mr. Ritesh Aggarwal, Advocate for th e for the petitioner. Mr. Arun Gupta, DAG, Punjab. Mr. A ***** ***** AUDHARY, J. (ORAL) AMAN CHAUDH 1. Praye yer made in the present petition ents ition is for directing the respondents to extend the date e date of retirement of the petitioner tead ioner to the age of 60 years instead of 58 years. 2. Learned counsel prays for disposing Learn osing of the case in terms of CWP- 26797-2023 titled titled as Jagtar Singh Sidhu vs. S ers, vs. State of Punjab and others, decided on 21.05 21.05.2024, as it covers the case of , ase of the petitioners on all fours, which learned Sta ed State counsel despite best efforts h fforts has been unable to controvert regards the factu factual position and draw out an ut any distinctive aspects in the aforementioned ju judgment or cite any contrary law ry law and the same read thus:- “Le Learned counsel submits that the from Post Polio Residual Paralysis R from disab disability of 50%, as assessed by the certificate dated 25.11.1986 Annexu certif ost of Clerk in the office of District post o and j and joined on 21.12.1987, wherein h therea thereafter transferred through proper office of Deputy Commissioner, Mo office conse consequently promoted as Senior Ass 30.11.2023. He was, in view of the I 30.11 hat the petitioner, who is suffering ring as a lysis Right Lower Limb and has a by the Civil Surgeon, Faridkot vide vide nnexure P-1, was appointed to the the epur istrict & Sessions Judge, Ferozepur erein he worked for two years and and the roper channel on 02.09.1998 in the er, Moga on the same post. He was ior Assistant and was set to retire on e on 022, f the Instructions dated 02.12.2022, ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 23 (O&M) 2 releas released handicap allowance on 02.0 Punjab Civil Services Rules Volume Punja 19.02.2021, appended as Annexure P 19.02 33 o the Persons with Disabi 33 of Protection of Rights and Full Particip Prote referr referred to as “the Act of 1995”) he servic service upto the age of 60 years. The claim, even got his handicapped claim procedure from the Civil Surgeo proce 09.03.2023 Annexure P-3. He also s 09.03 the afores for with 24.05.2023 24.05 Commissioner had, vide letter dated 1 Comm sough sought necessary approval with rega him. However, no response was recei him. it petition on 28.11.2023, prior to writ p Court Court vide order dated 30.11.2023 petitioner succeeds, he will be treate petiti would also be entitled to salary for th would of gr of grant of extension, the petitioner 30.11 30.11.2025. The case of the petition judgment in Bhupinder Singh vs. S judgm the relevant portion whereof reads thu the re “The entire scheme underlin provide equal opportunities various kinds of disabilities w with any such disabilities. The disabled persons and prov participation in all matters to e come to the level of normal hu on account of any physical def (i) has defined 7 kinds of employment and also reserva provides reservation in service categories of disabled persons ii) hearing impairment (iii) loc palsy. Persons suffering from been treated at par. From various provisions of it is abundantly clear that all c have been treated alive and ha treatment in all spheres of thei Act it also appears that every person in one or other kind o not only the enjoyment of norm a person of equal opportunities from any deformity. It is w Parliament of this country ena no distinction between a perso n 02.06.2023. As per Rule 3.27 of 7 of ated olume I Part I and Instructions dated xure P-6 issued in terms of Section tion Disabilities (Equal Opportunities, ties, after articipation) Act, 1995, (hereinafter 5”) he was entitled for extension in n in s. The office in order to consider his r his per apped certificate verified as per ated urgeon, Moga vide letter dated also submitted a representation on on puty aforesaid request. The Deputy also dated 15.11.2023 Annexure P-5 also th regard for grant of extension to n to sent s received, he thus, filed the present this rior to his retirement, wherein this 1.2023 made it clear that if the the and treated to continue in service and case for the said period as well. In case itioner will continue in service till till the etitioner is squarely covered by the vs. State of Punjab and others, ads thus: nderlining the Disability Act is to s to rom nities to persons suffering from ities with those who do not suffer ffer s. The Act also protects the rights of ts of full provides opportunities for full rs to enable the disabled persons to s to mal human beings and not to suffer ffer on 2 al deformity or disability. Section 2 s of disabilities. Chapter VI for r eservation in services. Section 33 33 hree services not less than 3% for three rsons i.e. (i) blindness or low vision sion iii) locomotor disability or cerebral bral ave from all kinds of disabilities have ons of the Act noticed herein above, ove, sons at all categories of disabled persons ilar and have been subjected to similar of their life. From the scheme of the f the es a t every kind of disability places a him kind of disadvantage depriving him f normal life but also deprives such such ffer unities with those who do not suffer the t is with this objective that the ry enacted this legislation. There is re is d of person suffering from one kind of ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 23 (O&M) 3 r. All seems disability or the other. Al disadvantageous position. Thu that the enhancement of age m cannot be extended to persons physical disabilities does not se does it achieve any special p rather expedient that all categ be treated alike without any d objective of the Act. in similar ilar to be tate Thus, the contention of the State f age meant only for blind persons sons ersons suffering from other kinds of s of r s not seem to be rational, logical nor cial purpose. It is, thus, necessary sary categories of the disabled persons sons the t any discrimination to achieve the xxx xxx
Decision
xxx In view of the above, this pe State is directed to suitably mo P-2 & P-3) and extend the ben all categories of disabled G under Section 2 (i) of the Disa the Act. The petitioner has b years. It is more than one year I leave it to the wisdom of petitioner into service for the r to age of 60 years, however, emoluments for extended peri deemed to have retired at the entitled to all consequential ben dent this petition is allowed. Respondent ures bly modify the Circular (Annexures he benefit of enhancement of age to e to ified led Govt. employees as specified it of e Disability Act in tune and spirit of has been retired at the age of 58 f 58 ired. e year that the petitioner has retired. the om of the State to re-induct the r the rest of period of retirement up t up ever, petitioner shall be entitled to d to ll be d period of retirement. He shall be l be at the age of 60 years and will be tial benefits.” The Division Bench of this Court 3. Th filed filed by the State i.e. LPA-1719- Hon’ble the Supreme Court vide Hon’ observed thus: obser Court while dismissing the appeal peal -2011, which was affirmed by by 014, vide judgment dated 16.09.2014, “…A doubt had arisen as to wh only in the case of blind emp time of recruitment or who bec service later. Vide Circular da that such a benefit of retireme available in all cases irrespect was blind at the time of recrui service, later. This circular distinction between two sets who were blind at the time o become blind during service Therefore, it was clarified became/become blind during t discharged from the service against the suitable posts by ta the Punjab C.S.R. Vol.II. Plea that this benefit of enhancing t years to 60 years subject to th and mentally fit should not b handicapped category of disab s to whether this benefit is available able t the d employees who were blind at the ho became/become blind during the the lar dated 16.2.1996 it was clarified ified d be tirement age of 60 years would be yee espective of the fact that employee recruitment or became blind during ring king ircular emphasized that making hose sets of employees, namely, those who time of recruitment and those who vice, was not legally tenable. who rified that those employees who ring the service later should not be t be sted ervice but they may be adjusted of s by taking action under rule 5.12 of I. Plea of the respondent herein was was ncing the age of retirement from 58 58 ally t to their being declared physically not be confined only to visually ally d be f disabled persons, but it should be ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 23 (O&M) 4 ….. ….. - - - - abled employees also who were ere s of bility covered by the provisions of (Equal Opportunities, ties, isabilities nd Full Participation) Act, 1995 995 2 (I) s 'the Disability Act']. Section 2 (I) e disability as under:- extended to other disabled suffering from any disability The Persons with Disabil Protection of Rights and Fu [hereinafter referred to as 'the of the said Act defines the disa “(I) “disability” means- (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairme airment; isability; (v) locomotor disabili rdation; (vi) mental retardation (vii) mental illness; ….. ….. ….. isability” means a person suffering ring (t) “person with disabili y as forty per cent of any disability as from not less than forty ical authority;” certified by a medical au xxx x iew, the aforesaid argument of the the of ocate General is a myopic view of f a scheme was formulated at a time time had not been enacted, it is a matter atter ntral that even prior to 1996, Central tate Governments were coming out out for the benefit of differently-able able the enefits were confined to one or the d persons. However, the enactment ent ranteed and assured certain rights to ts to of ll those fit into the definition of ction 2(1) of the Disability Act are t are urpose is to ensure that all these hese such such to get to realty as well and that these hese in only on papers. It is now well well sible s with disabilities are invisible any ileged class. They suffer from many to ensure that rights guaranteed teed cial ded to them, the Ministry of Social out nt, Government of India came out sued r Persons with Disabilities", issued xxx In our considered view, th learned Additional Advocate G the entire matter. Even if a sch when the Disability Act had n of common knowledge that Government as well as State G with various schemes for th persons, may be such benefits other category of disabled pers of the Disability Act guarantee disabled persons and all tho 'disability' defined in Section 2 brought at par. The purpose are categories reservations/schemes in realt provisions do not remain onl recognized that persons wit minority and under-privileged disadvantages. In order to e under this Act are extended to Justice and Empowerment, Go with "National Policy for Pers on 10.2.2006. fruits of able xxx the with uction" to the said Policy starts with "11. "Introduction recording as under: "The The irit r constitutional spirit om, India ensures equality, freedom, Constitution of India citly y of all individuals and implicitly justice and dignity of a lusive society for all including ding mandates an inclusive here bilities. In the recent years, there persons with disabilitie ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 23 (O&M) 5 the nature of d positive changes in the perception tion can ards persons with disabilities can ality of life if they have equal qual tion effective access to rehabilitation asis supplied) ery National Policy recognizes the the is the most effective tool for social cial any powerment and therefore, if any Ds. is to be given to educate the PWDs. me of Disabilities Act itself. 13. 13. here Economic studies reveal that there rates literacy and employment rates s. Further, they face widespread read ong it is making disabled people among in Indian Society." ent of the Disability Act, all such such their spective of their The treated equally and at par. The sponsibility on the society to make d people so that they overcome ome ated ological and social hurdles created Act places disabled people at par par India in respect of education, tion, s to employment. The Act seeks to comprehensive framework for the the fair policies and their effective tive sten es formal procedures, which hasten tal integration of the disabled in the the t of facilitating efficient enforcement of trong measures against the law- of PWD Act is also to define the the entral and State Governments with with s to r disabled persons. The Act aims to bled individual so as to enable him him ility n in accordance with his disability have been vast and posit of the society towards lead a better quality opportunities and effec measures." [emphasis su 12. This very Na fact that education is the and economic empowe prime importance is to b That is the scheme of Statistics of Socio-Econ is abysmally low liter among the PWDs. Fu social stigma and it is m the most excluded in Ind Thus, with the enactment of disabled persons, irrespectiv disabilities, are to be treate Disability Act places responsi adjustments for disabled peo various practical, psychologic by their disability. The Act p with other citizens of Indi vocational training and emp establish a coherent and comp promotion of just and fair implementation. It creates form the process of full and total int society. It also aims at facilita policies and permits strong breakers. The main aim of PW responsibilities of the Central regard to the services for disab ensure full life to a disabled in to make full contribution in a condition. at it ion would amply demonstrate that it The aforesaid discussion wo but constitutional right of persons sons is not only the statutory but c ent lities treatment suffering from disabilities rom his process, persons suffering from recognized by law. In this pro treated differently from other kind kind one disability cannot be treate the bled persons falling within the of disability. All disabled one (I) of the Disability Act form one definition of Section 2(I) of ame classification within this same class. There cannot be sub-cl class.” to get special 4. Th The Government of Punjab, after in light of the judgment rendered in lig , after a consideration of the matter atter pra), dered in Bhupinder Singh (supra), ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 23 (O&M) 6 issued issued Instructions dated 19.11.201 extension in service was made availa exten cover covered under Section 33 of the Act clarified by Instructions dated 19.02.2 clarif Hon’ble the Supreme Court in Ku 5. Ho case case of a disabled employee who, w perm permanently incapacitated for further construing a provision of social b const dealing with disabled persons int dealin oppor opportunities, protection of rights an that advances the object of the Act a that a preferred to the one which obstructs prefe purpose of the Act.” purpo The Division Bench in Kamal De 6. T following the judgment in Bhupinde follow appea appeal and since the petitioner had r 60 years by then, granted him wages 60 ye Learned State counsel despite his b 7. Le to co to controvert the factual position a aspec aspects in the aforementioned judgme 8. In wake of the above, the present p 8. In of Bh Bhupinder Singh (supra), directing extension in service with all conseq exten ” done within a period of two weeks” done .11.2014, whereby the benefit of t of yees available to all disabled employees rther he Act of 1995, which were further 9.02.2021 along the same lines. , a Kunal Singh vs. Union India, a ho, while in service was declared ared further service observed that, “…In …In too cial beneficial enactment that too qual ns intended to give them equal hts and full participation, the view iew Act and serves its purpose must be t be the structs the object and paralyses the jab, mal Dev Kalia vs. State of Punjab, the upinder Singh (supra), allowed the e of had retired on attaining the age of ages alongwith interest. able te his best efforts, has not been able tive ition and draw out any distinctive udgments or cite any contrary law. rms esent petition is disposed of in terms recting that the petitioner be granted nted l be consequential benefits. Needful be 3. The petition is disposed of in ter The dhu in terms of Jagtar Singh Sidhu (supra). 05.02.2025 ashok Whet Whether speaking Whether reportable Whet (AMAN CHAUDHARY) JUDGE Yes/No Yes/No : : ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document