PAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing order dated 18.6.2002 (P-1) retiring the petitioner from service after he was declared completely and permanently incapacitated for further service in the Department of Haryana Roadways as Conductor. It is admitted position that the petitioner was born on 3.1.1955 and he is to retire on 31.1.2013. The question which require consideration is as to whether in view of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for brevity, 'the Act') the order of retirement is liable to be set aside. The only defence offered by the respondents is that notification dated 27.6.2005 (R-2) has been issued by them excluding the Drivers and Conductors from the purview of the Act.

(2.) The matter is, in fact, squarely covered by a Division Bench judgment of this Court in the case of Gian Chand v. State of Haryana & others, (C.W.P. No. 18916 of 2004, decided on 15.12.2005). The Division Bench has held that the notification dated 27.6.2005 would not operate retrospectively and the same could not be applied to the case of the petitioner therein who was retired in the year 2002. In the present case also the petitioner has been retired in the year 2002 and the notification dated 27.6.2005 (R-2) is made to operate retrospectively. The Division Bench has rejected the stand of the respondents. Therefore, we find that the matter is squarely covered by the aforementioned judgment of the Division Bench.

(3.) In view of above, the writ petition is allowed. Order dated 18.6.2002 (P-1) is quashed. The respondents are directed to reinstate the petitioner in service in accordance with the provisions of Section 47 of the Act by granting all consequential benefits. The petitioner may be considered for discharging duties on any light job. No order as to costs.