PATEL SULEMAN GAIBI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule With consent, Rule is being disposed of finally.

(2.) By an advertisement dated 24 September 2011, the Irrigation Department, State of Maharashtra (respondents) invited applications for the posts of peons. Certain posts were reserved for persons with disabilities, including those afflicted with 'low vision'. Clause 4.4 of the advertisement stated that the percentage of disability has to be minimum 40% in order that an applicant be considered against the reserved post. Obviously, the circumstance that said advertisements came to be issued, establishes that the post of peon was identified as post suitable to be offered to applicants with disabilities. Such identification relates to the provisions of Section 32 of 'The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995' hereafter referred to as 'said Act'.

(3.) The petitioner, armed with certificate issued by prescribed authorities, certifying that the percentage of his visual disability was 100% applied for appointment to the post of peon, in response to the aforesaid advertisement dated 24 September 2011. Upon due consideration of the petitioner's candidature, the petitioner was offered appointment to the post of peon, vide order dated 31 October 2012. Clauses 3 and 4 of the offer of appointment provide that the appointment shall be initially for a term of one year and on temporary basis. At the end of one year, the appointee shall have to be medically examined and on the basis of the medical reports, further decisions in the matter of extension of services would be taken. Clause 4 provides that appointee shall have to undergo medical examination within a period of six months from the date of appointment, and in case the appointee is found to be unfit, then his services shall stand terminated automatically. In the affidavit in reply filed by Dr. Sanjeevani Ambekar, Professor and Head of Department of Ophthalmology at the B. J. Government Medical College and Sassoon General Hospital, Pune, it is stated that clauses 3 and 4 of the offer of appointment are consistent with the provisions of Maharashtra Civil Services (General Conditions of Service) Rules 1981.