HARBHAJAN SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The short point involved in this matter is as to, "whether the petitioner can claim his superannuation at the age of 60 years merely because he was asked to perform duties as that of Vehicle Examiner, in which case the retirement age is 60 years, after he met with an accident and became disabled to act as a driver for which post he was employed having age of superannuation of 55 years as provided for vide Regulation 10 of DRTA (Conditions for Appointment of Service Regulations), 1952." It is a matter of record that later he was not found fit to work as a driver and was thus not retained as driver on year to year basis after the age of superannuation.

(2.) The second question which requires consideration is whether the provisions contained under Section 47 of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Disability Act") mandates retaining the petitioner in service till the age of superannuation of the post of vehicle examiner i.e. the post at which he had been asked to continue working after becoming to disable to work as driver.

(3.) Briefly stating, the facts of this case are that :-