STATE OF HARYANA AND ORS. Vs. TARA SINGH

JUDGEMENT

(1.) THE State of Haryana and its officers have filed this intra -court appeal under Clause X of the Letters Patent against the order dated 30.10.2009 passed by the learned Single Judge, whereby the writ petition (CWP No. 8261 of 2008) filed by Tara Singh (respondent), was allowed and the appellants were directed to consider his case in the light of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Act'), especially under the provisions of Section 47 of the Act. As a consequence, the respondent was ordered to be reinstated in service and the entire salary due to him was to be released, with liberty to the appellants to adjust the amount paid to the respondent as a pension or pensionary benefits. It was ordered that the appellants would be at liberty to treat the respondent on a supernumerary post.

(2.) DURING the pendency of the instant appeal, the respondent died and vide order dated 05.12.2013, his legal heirs were ordered to be impleaded as party - respondents.

(3.) THE respondent challenged the order of his compulsory retirement being illegal, unlawful and unjust, in view of the provisions contained in the Act. Section 47 of the Act provides that no establishment shall dispense with or reduce in rank any employee, who acquires disability during his service. There is a proviso under this Section which says that if an employee after acquiring disability is not suitable for a post he was holding, then he could be shifted to some post with the same pay scale and service benefits. There is yet another proviso which says that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until suitable post is available or he attains the age of superannuation, whichever is earlier.