BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has approached this Court with a grievance that despite he being a physically handicapped person falling within the definition of a disabled person as provided in Section 2 (i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, extension of two years in service has not been granted to him despite he having submitted a representation dated 22.04.2012 (Annexure P-3) to the Registrar, Cooperative Societies, Punjab-respondent No. 2 basing his claim upon a judgment passed by this Court in CWP No. 7233 of 2010 titled as Bhupinder Singh vs. State of Punjab and others, decided on 25.05.2011 (Annexure P-5). The said representation of the petitioner was not considered by the respondents and an order dated 28.05.2012 (Annexure P-4) was passed by the Registrar, Cooperative Societies, Punjab retiring the petitioner w.e.f. 31.05.2012 on attaining the age of 58 years. Petitioner was entitled to continue in service till the age of 60 years, which benefit has not been granted to him.

(2.) PETITIONER served a legal notice dated 02.01.2013 (Annexure P-7) upon the respondents when nothing was heard from the respondents basing his claim upon the judgment passed by this Court in Bhupinder Singh's case, against which the appeal preferred by the State of Punjab i.e. LPA No. 1719 of 2011 titled as State of Punjab and another vs. Bhupinder Singh stood dismissed on 25.09.2012 (Annexure P-6). Counsel for the petitioner contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Registrar, Cooperative Societies, Punjab-respondent No. 2 to consider and decide the legal notice dated 02.01.2013 (Annexure P-7) submitted by him within some specified time.

(3.) IN case the notice served by the petitioner is accepted, petitioner shall be taken back in service forthwith and shall also be released the consequential benefits within a further period of one month.