SUNIL KUMAR Vs. STATE OF PUNJAB & ANR.

JUDGEMENT

(1.) The petitioner was borne on the strength of the establishment of the Sessions Division, Ludhiana where he was working as an Ahlmad in one of the Courts there. He competed for direct appointment as a Senior Assistant in the Punjab State Legal Services Authority for which Honourable the Chief Justice granted him exemption from the computer type test as he was an amputee suffering loss of right forearm. That exemption was applicable to the post of Clerk in the Ministerial cadre. The prescription of type test exists for the post of Clerk in terms of Rule 15 of the Punjab Civil Service (General and Common Conditions of Service) Rules 1994 as amended up to Jan. 15, 2015, but the qualification of passing type test does not travel beyond the post of Clerk.

(2.) Though the petitioner was selected for appointment to the Punjab State Legal Service Authority as a Clerk but he did not accept the offer as in the meanwhile he has competed successfully for the higher post of Senior Assistant in the department of General Administration, Government of Punjab, Chandigarh. His case has been rejected on account of being an amputee and by expressing doubts that he would not be able to cope up with the work of typing with the help of the computer keyboard.

(3.) However, the medical certificate issued to the petitioner by the Medical Board constituted by the Government certifies the petitioner as able to use the manual typewriter. But that restriction would cast its shadow only if he was a clerk. The petitioner has qualified the competitive examination on merits but since there was a condition that a Senior Assistant in the General Administration Department would have to do typing work on the computer he applied for exemption and relaxation of rule citing the decision of Honourable the Chief Justice in his favour when he applied for the post of Clerk in the Punjab State Legal Services Authority and permission was accorded in relaxation of rule governing the establishment of the State Legal Services Authority then his case be considered favourably by the respondent department/State. The request has been rejected by the Government ruling that to be a Senior Assistant in the Branch, the petitioner would have to discharge duties of typing on the computer and incumbent Senior Assistant would also have to record notings on the files of the Government.