GOPI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition through his wife Meena Devi for issuance of writ in the nature of certiorari for quashing the impugned order dated 14.6.2004 (Annexure P-3) passed by Sub Divisional Educational Officer (Elementary), Julana, Jind-respondent no.4 vide which the petitioner who was working as Science Master in the Education Department, Haryana has been relieved /retired w.e.f 9.6.2004 from Government Service on the basis of medical report dated 9.6.2004 submitted by the Special Medical Board of PGIMS, Rohtak (Annexure P-2). On 16.12.1988, petitioner was appointed as Science Master on ad hoc basis in the Department of Education Haryana and joined in Government High School Buwana Block, Julana Distt. Jind. His services were regularized on 1.1.1991. On 17.10.2002, when he was returning home after attending his duties in the school, unfortunately, he met with a fatal road accident and due to head injury, he remained in COMA for many months and remained under treatment. The petitioner according to Medical Report dated 9.6.2004 (Annexure P-2) submitted by the Special Medical Board of PGMIS Rohtak was found to be permanently incapacitated for further service in the department as Science Master on account of Dementia. On 9.6.2004, the petitioner was subsequently retired from service vide order dated 14.6.2004 (Annexure P-3) on medical ground mentioning that the petitioner was declared incapacitated for further service with the department as per the medical certificate issued by the Special Medical Board, PGIMS, Rohtak. After relieving the petitioner w.e.f 9.6.2004, the service benefits i.e gratuity/DCRG of the petitioner amounting to Rs.94,202/- has been calculated for total service of 15 years 5 months 21 days i.e 16.12.1988 to 8.6.2004 vide certificate and report dated 11.8.2005 (Annexure P-4) issued by the Accountant General Haryana. Petitioner, thereafter, was granted invalid pension under Rule 5.11 of Punjab Civil Services Rules Volume-II w.e.f 9.6.2004.

(2.) By way of the present writ petition, the petitioner has prayed that he should have been extended the benefits flowing from the provision of Section 47 of The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Act') and treated in service by creating supernumerary post and petitioner should have been paid regularly the salary which would have otherwise been paid had he continued in service in normal course. Section 47 of the Act is hereby reproduced as under:

(3.) Counsel for the petitioner while referring to the report of the Medical Board contends that even though the petitioner was found to be unfit for the service as Science Master but the certificates does not declare that he is completely unfit for any kind of service. Reference was made to a judgment in the case of Satbir Singh vs. Uttari Haryana Bijli Vitran Nigam Ltd. And another 2007(1) SCT 743, wherein the petitioner was a regular employee of the respondent-Nigam and while in the employment of the respondents, at the time of changing the transformer, he suffered an electric shock. The petitioner, thereafter remained under treatment till 26.11.1999 in the PGIMS, Rohtak. Thereafter, he was declared unfit and retired from service vide order dated 7.4.2000 as the official had been declared incapacitated for further service of the Nigam as per Medical Certificate. This Court held the petitioner entitled to the benefit under Section 47 (1) of the Act. It was held that the petitioner cannot be denied the benefit of the mandatory provisions of the Act simply on the ground that the department cannot be allowed to be burdened with the salary/remuneration of an incapacitated person.