KULBIR JAKHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this petition filed under the provisions of Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari, quashing the letter dated 14.06.2016 (Annexure P-2) and order dated 15.09.2017 (Annexure P-5), issued by respondent no.2, sanctioning only extra ordinary leave, while declining the request of the petitioner for payment of salary to him, for the period that he could not attend his duties, on account of permanent physical impairment of 75%; with a further prayer made for issuance of a writ in the nature of mandamus, directing the respondents to grant the petitioner salary and allowances for the entire period from 08.05.2015 to 20.06.2017, in terms of Section 47 of the Rights of Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995, as 'continued' under "The Rights of Persons with Disabilities Act, 2016".Notice of motion having been issued in this petition in the year 2017 itself, with various orders passed which are not necessary to be gone into in detail at this stage. However, the order passed on 15.12.2015 is being reproduced as follows:-

(2.) Thereafter, on 21.01.2021, the following order had been passed:-

(3.) Pursuant to the above order dated 21.01.2021, an affidavit of Sh. Alok Nigam, Addl. Chief Secretary to the Government of Haryana, Department of Public Works (B&R), dated 09.02.2021, has been filed, stating therein that a supemumary post of Executive Engineer (Civil) has been created for the petitioner since 21.04.2015, which would continue to exist till either his retirement from service (obviously as per his normal date of superannuation in terms of the Haryana Civil Service Rules, 2016) or till his joining duty after his medical fitness, whichever is earlier.