SUBE SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner was working as a Junior Engineer with the respondents and he was retired at the age of 58 years. Petitioner has approached this Court impugning the order of his retirement at the age of 58 years on the basis of the instructions dated 18.03.1996 (Annexure P-6) as also the instructions dated 31.01.2006 (Annexure P-7) of the Government of Haryana, wherein it is clearly mentioned that a blind State Government employee would retire at the age of 60 years.

(2.) It is the contention of the counsel for the petitioner that the petitioner is 100% disabled as he is blind, which fact is not disputed by the respondents. He contends that the only objection, which has been raised by the respondents, is that the petitioner had earlier filed CWP No. 4012 of 2009, which was dismissed as infructuous by this Court vide order dated 27.09.2010 and at that time, the petitioner had not asserted his right to continue till the age of 60 years. Petitioner, while referring to the order dated 27.09.2010 passed by this Court, contends that liberty was granted to the petitioner to file a separate claim for his continuance in service beyond 58 years till the age of 60 years. He, on this basis, contends that the objection, which has been raised by the respondents to the claim, as made by the petitioner, thus, cannot sustain.

(3.) Counsel for the respondents, on the other hand, states that the claim of the petitioner has rightly been denied to him as he had earlier not asserted his claim for continuing in service beyond 58 years till the age of 60 years and, therefore, the present writ petition would not be maintainable and he is not entitled to the claim as made by him in the present writ petition.