BATERI DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Ignorance of law may some times be accepted and ignored, but where authorities refuse to mend its ways on being apprised of law, would call for serious view. This is one such case, where even educated elite has refused to act in accordance with law despite being made aware of it.

(2.) The petitioner is a helpless wife of lowly placed employee of respondent-Ch.Charan Singh Haryana Agriculture University, Hisar. Her husband, Inder Singh, was employed as Mali with the University. Unfortunately, Inder Singh fell sick and became hundred percent disable. Instead of helping this poor employee, the University, in harsh manner, terminated his services. Poor employee breathed his last on 14.4.2006, while fighting and struggling for his and his family survival. He has left his legacy of struggle for his wife, petitioner in this case, to inherent. She has been guided to this Court and has invoked the provisions of recently legislated enactment named 'Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995' (for short, "the Act"). Highly qualified elite of educated class governing the affairs of the University would refuse to see and study this Act and would not budge to see reasons. They are fighting this unequal contest with the wife of Malicum-Beldar. The attention of this highly informed and well versed elite was drawn to the provisions of Section 47 of the Act, which apparently would protect this poor late employee but it has just not sunk into the minds of this informed class.

(3.) The husband of the petitioner was appointed as a Beldar on temporary basis on 28.7.1970 in Haryana Agriculture University, Hisar. Subsequently, his appointment was made regular in January, 1974 and since then had continuously served on this post till 24.6.2003 when his services were terminated. The petitioner would aver that her husband was performing his duty to the entire satisfaction of his superiors, but due to illness he could join his duties for certain period. His mentally disturbed condition and bad health in fact had led to his hospitalization. Instead of helping their employee, the respondent-University started showing him absent from duty. The University did not appreciate that sickness of the employee had made it impossible and beyond his control to report for duty. In fact, the husband of the petitioner was referred to Pt.Bhagwat Dayal Sharma, PGIMS, Rohtak on 22.12.2002. A special Medial Board for his medical examination was constituted. The Medical Board after examining the late husband of the petitioner opined that he had became 75% mentally handicapped and was not in a position to carry on official duty of Beldar being physically and mentally unfit.