LACHHMAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who is blind is aggrieved by the order of his reversion from P.E.S. Class-I to P.E.S. Class II.

(2.) A few facts may be noticed. The petitioner who belongs to one the weaker sections and is a member of the Scheduled Caste, is totally blind since childhood. He possesses the qualification of M.A. in Music, from Panjab University and was awarded a gold medal. He also passed the test in Punjabi conducted by the Punjab Government. He possesses a degree of Sangeet Alankar. He was selected and appointed as a Lecturer in Music through the Punjab Public Service Commission in P.E.S. Class III in the year 1963. He was confirmed as a Lecturer with effect from March 23, 1971. He was promoted to P.E.S. Class-II with effect from July 25, 1974. Vide orders dated May 29, 1981 the petitioner was promoted to P.E.S. Class-I for a period of 6 months along with a number of other persons. In this order, a copy of which has been placed on record as Annexure P-1, the following note was also recorded :

(3.) A written statement has been filed on behalf of respondent Nos. 1 to 3. It has been inter alia averred that the petitioner had to be reverted "being unable to perform the duties of Principal/Drawing and Disbursing Officer. The post kept vacant at Guru Teg Bahadur, Bahadurgarh for drawing the pay of the petitioner could not remain as such for a long time." It has been maintained that the action is not violative of Articles 14 and 16 of the Constitution of India.