CWP No.9287 o”
1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CWP No.9287 of 2012 Date of Decision : January 24, 2013 Ajit Singh ...PETITIONER versus State of Punjab and others ....RESPONDENTS CORAM : HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present : Mr.R.K.Arya, Advocate, for the petitioner.
Mr.Inder Pal Goyat, Addl.
A.G.Haryana, for the respondents.
AUGUSTINE GEORGE MASIH, J.
(ORAL) Petitioner has approached this Court claiming the benefit of the Punjab Government Instructions dated 16.02.1996 (Annexure P-3).according to which, the petitioner, who belongs to the category of handicapped persons as defined under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995 and is suffering from orthopadical handicap of 70% has not been granted extension of two yeaRs.which would CWP No.9287 o”
2. enable him to continue in service till the age of 60 yeaRs.Petitioner, prior to date of super-annuation, approached this Court by filing the present writ petition claiming the benefit of the said instructions.
A writ petition was filed by a similarly placed employee Bhupinder Singh by filing CWP No.7233 of 2010 which writ petition was allowed by this Court vide judgment dated 25.05.2011 (Annexure P-6).On the basis of the said judgment, petitioner has approached the respondents for his continuation in service till the age of 60 yeaRs.Appeal preferred by the State of Punjab against the said judgment i.e.LPA No.1719 of 2011 titled as State of Punjab and another versus Bhupinder Singh stands dismissed vide judgment dated 25.09.2012 (Annexure A-1) and, therefore, the claim of the petitioner for continuation in service till the age of 60 years has been further fortified on the basis of these assertions.
Reply to the writ petition has, till date, not been filed.
Counsel for the petitioner further states that the petitioner would file a detailed representation to the Director, Public Instructions, (Secondary Education).Punjab-respondent No.3 within a period of one week from today, which may be directed to be considered and decided within some specified time.
In the light of the statement made by the counsel for the petitioner, if such a representation is made by the petitioner within a period of one week, the same be considered and decided by the Director, Public Instructions, (Secondary Education).Punjab- respondent No.3 within a period of four weeks of submission of such representation.
Decision so taken be conveyed to the petitioner CWP No.9287 o”
3. forthwith.
It goes without saying that the petitioner shall be entitled to all consequential benefits including pay and allowances, if his claim is accepted by the respondents.
Petition stands disposed of accordingly.
Copy of the order be given dasti under signatures of the Special Secretary of this Court.
(AUGUSTINE GEORGE MASIH ) January 24, 2013 JUDGE pj