RANBIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court impugning the order dated 14.2.2012 (Annexure P-6) retiring him at the age of 58 years issued by the Director General, Panchayat Haryana-respondent No.2 and the order dated 29.2.2012 (Annexure P-7) issued by the Block Development and Panchayat Officer, Dadri-II-respondent No.3 vide which the petitioner had been retired from service on attaining the age of 58 years, on the ground that he being physically handicapped person with 75% disability, was entitled to continue in service till the age of 60 years as per the Haryana Government Instructions dated 31.1.2006 (Annexure P-5). Prayer has also been made for quashing the order rejecting his claim for extension in service vide letter dated 7.6.2012 (Annexure P-13).

(2.) Petitioner was initially appointed as a Salesman in CONFED on 15.6.1981. On closure of the said CONFED, petitioner was retrenched on 14.1.2001. Thereafter, vide order dated 18.10.2006 (Annexure P-1) petitioner was appointed as a Clerk in the Department of Panchayat and his name finds mention at Sr.No.12 of the appointment letter and it is apparent from there that he was appointed under the physically handicapped category. He continued in service with the respondent-Department as a Clerk. A communication dated 30.1.2012 (Annexure P-2) was addressed by the Director Panchayat, Haryana to the Block Development and Panchayat Officer, Dadri-II (Annexure P-2) asking as to whether any criminal case is pending or anything else is due against the petitioner and if there is something, then intimation in this regard be sent.

(3.) In response thereto, Block Development and Panchayat Officer vide his letter dated 13.2.2012 (Annexure P-3) sought guidance as to whether the petitioner is to retire at the age of 58 years or 60 years because he had submitted a certificate dated 12.12.1995 issued by the District Medical Officer showing him to be suffering from 100% disability. As per the Haryana Government Instructions dated 31.1.2006, a handicap category employee can continue beyond the age of 58 years till he attains the age of 60 years. No response was received to this communication and instead order dated 14.2.2012 was passed by the Director General Panchayat, Haryana (Annexure P-6) retiring the petitioner at the age of 58 years on 29.2.2012, which order was given effect to by the Block Development and Panchayat Officer vide order dated 29.2.2012, retiring the petitioner on attaining the age of 58 years. On 7.3.2012 (Annexure P-8), the Director General Panchayat, Haryana sent a letter to the Block Development and Panchayat Officer, Dadri-II, which was in response to the earlier letter dated 13.2.2012, according to which the certificate of handicap submitted through the District Medical Officer, Bhiwani was not in consonance with the instructions and the said certificate was required to be of the Medical Board of PGIMS, Rohtak. Accordingly, the Block Development and Panchayat Officer vide his communication dated 19.3.2012 referred the petitioner to the PGIMS Rohtak for his medical examination.