CWP No.6003 o”
1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CWP No.6003 of 2013 Date of Decision : March 20, 2013 Sital Dass ...PETITIONER versus State of Punjab and others ....RESPONDENTS CORAM : HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present : Mr.Naresh Kaushik, Advocate, for the petitioner.
AUGUSTINE GEORGE MASIH, J.
(ORAL) Petitioner has approached this Court with a prayer that he is permanently orthopadically handicapped and has been declared as 55% disabled by the competent authority vide certificate dated 13.12.2004.
As per the Punjab Government Circular dated 06.08.1995, petitioner is entitled to extension of two years of service.
This circular was further clarified vide circular dated 16.02.1996.
The instructions, which restricted the claim to only blind employees, were challenged by one Bhupinder Singh by filing CWP No.7233 of 2010 which writ petition was allowed by this Court vide judgment dated CWP No.6003 o”
2. 25.05.2011 (Annexure P-4) extending the benefit of the said instructions to all categories of disabled Government employees as specified under Section 2 (i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995.
In the light of the said judgment, which has been upheld by the Division Bench of this Court in LPA No.1719 of 2011 titled as State of Punjab and another versus Bhupinder Singh, decided on 25.09.2012 (Annexure P-5).petitioner is entitled to continue in service till the age of 60 yeaRs.He is to retire on 31.05.2013 and, therefore, in the light of the judgment passed by this Court, petitioner has submitted a representation dated 29.01.2013 (Annexure P-6) to the Superintending Engineer, Kandi Canal Circle, Hoshiapur-respondent No.4 with a copy to the Principal Secretary (Irrigation).Department of Irrigation, Government of Punjab, Punjab-respondent No.2.
Counsel for the petitioner contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Principal Secretary (Irrigation).Department of Irrigation, Government of Punjab, Punjab-respondent No.2, Chief Engineer, K.A.D.Department of Irrigation, Government of Punjab-respondent No.3 and Superintending Engineer, Kandi Canal Circle, Hoshiapur- respondent No.4 to consider and decide the representation submitted by the petitioner dated 29.01.2013 (Annexure P-6) within some specified time.
In the light of the above, present writ petition is disposed of with directions to the Principal Secretary (Irrigation).Department of CWP No.6003 o”
3. Irrigation, Government of Punjab, Punjab-respondent No.2, Chief Engineer, K.A.D.Department of Irrigation, Government of Punjab- respondent No.3 and Superintending Engineer, Kandi Canal Circle, Hoshiapur-respondent No.4 to consider and decide the representation submitted by the petitioner dated 29.01.2013 (Annexure P-6) within a period of six weeks from the date of receipt of certified copy of this order.
Decision so taken be conveyed to the petitioner forthwith.
(AUGUSTINE GEORGE MASIH ) March 20, 2013 JUDGE pj CWP No.6003 of 2013 4