JASPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19.

(2.) The petitioner is being discharged from service w.e.f. 31.12.2020, on attaining the age of 58 (Annexure P-1). It is not in dispute that the petitioner initially joined as a Clerk with the respondents on 14.01.1997 on daily wages. Thereafter, she was appointed on contract basis w.e.f. 28.03.2006. The petitioner claims to be suffering from 60% disability. Reference has been made to the disability certificate dated 28.07.2004 (Annexure P-3). The petitioner has continued working on the said post since then. However, now she is being discharged from service w.e.f. 31.12.2020 as she is going to attain the age of 58. The petitioner claims to be entitled to continue on contract basis till the age of sixty (60) in terms of the provisions of the Rights of Persons with Disabilities Act, 2016 as well as the applicable Rules, Regulations and instructions. It is submitted by learned counsel for the petitioner that she does not claim regularization or any other benefits, but merely seeks extension in service as has been granted to similarly situated employees. Work and conduct of the petitioner is stated to be good and to the satisfaction of her superiors, thus she should not be discharged from service only due to her attaining the age of fifty eight.

(3.) Learned counsel for the petitioner has referred to Rule 3.27 of the Punjab Civil Services Rules Volume 2, which reads as under:-