BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) STATE of Punjab issued Circular Letter dated 16.2.1996 from the Department of Personnel and Administrative Reforms raising the age of retirement of blind State Govt. employees from 58 years to 60 years subject to they being declared physically and mentally fit after the age of 58 years by the Civil Surgeon of the district concerned for further service. This Circular was reiterated in Circular dated 17.1.2001 with a further stipulation that blind Govt. employee should not be medically checked up after the age of 58 years, however, where the blind employee is adjudged mentally or physically unsuitable for performing duties of the post being held by him only he may be referred for medical check up. The petitioner was a Govt. employee. He was appointed as a Carpenter on 17.5.1972 in the Department of Animal Husbandry, Patiala. He was on duty in Indo -Swiss Project of Animal Husbandry, where he met with an accident and lost his forearm on 12.3.1974. His right arm was amputated. He was accordingly adjusted on the post of Clerk on 3.12.1975. He earned promotions as Senior Assistant and then as Superintendent, wherefrom he has retired in the month of April, 2010. This petition was filed before his retirement. On account of physical infirmity the petitioner is claiming similar treatment as granted to the blind persons regarding enhancement of retirement age from 58 years to 60 years vide Circulars dated 16.2.1996 (Annexure P -2) and 17.1.2001 (Annexure P -3).

(2.) THE contention of the petitioner is that he is a disabled person and falls in the same category as a blind Govt. employee and is thus, entitled to the similar treatment. Respondents, however, resisted the claim of the petitioner on the ground that blind employees are in a more disadvantageous position. It is pleaded that at the first place the blind employees take long time for their studies as they are taught by special, method called "Braille", whereas physically handicapped employees do not suffer this disadvantage. Regarding blind employees, they join the service at late stage as compared to other physically handicapped Govt. employees and on account of late joining in the service, they do not get full pension, which is not the case with the other kind of physically disabled persons. It is further stated that the job and promotional avenues for blind persons are negligible, whereas for physically handicapped employees, there are more and better avenues; both at the time of recruitment and promotion.

(3.) SECTION 39 further makes it obligatory for all Govt. Educational Institutions and other educational institutions receiving aid from the Govt. to reserve not less than 3% seats for persons with disabilities. Similarly Section 43 also imposes an obligation upon the Govt. and local authorities to frame schemes in favour of the persons with disabilities for the preferential allotment of land at concessional rates for houses, setting up of business, special recreational centres, establishment of special schools, research centres and establishment of factories by entrepreneurs with disabilities etc. Chapter VIII of the Disability Act further deals with the non -discrimination with persons under disabilities in respect to transport, user of road, facilities in public buildings. Section 47 further prevents discrimination in Govt. employment and reads as under: -