DR. JAGJIVAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court by way of filing the present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to extend the date of his retirement upto the age of 61 and 62 years in pursuance of circulars issued by the respondent-State as same benefit has already been extended to other similarly situated employees. A further prayer has also been made to the effect that letter dated 22.12.2014 (Annexure P-7) be declared as discriminatory and violative to provisions of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short 'the Disability Act, 1995') and also to the effect that the benefit of said letter should not be limited to blind persons only.

(2.) Briefly, the facts of the case as made out in the present writ petition are that the petitioner joined as Medical Officer on 24.02.1984. He belongs to reserve category of scheduled caste and is physically handicapped person to the extent of 50% as per medical certificate dated 17.08.2006 issued by the office of Civil Surgeon, Sangrur. He was promoted as District Health Officer, Mansa in the year 2009. The date of birth of petitioner is 01.01.1956 and he was to retire on his attaining the age of 60 years on 31.12.2015. The present writ petition was filed before the date of his retirement i.e., 31.12.2015.

(3.) Learned counsel for the petitioner submits that as per circular dated 19.11.2014 issued by the State Government, the retirement age of blind persons/employees was enhanced from 58 to 60 years in view of judgment rendered in Bhupinder Singh Vs. State of Punjab and others, 2011(4) SCT 55. Learned counsel further submits that earlier this benefit was confined only to the blind persons but subsequently, it was extended to all physically handicapped persons as defined under Sec. 2(i) of the Disability Act, 1995. Learned counsel also submits that subsequently, a circular was also issued on 22.12.2014 and again the retirement age of physically handicapped persons was extended from 60 to 62 years but it was applicable only to Class IV employees. Learned counsel also submits that the benefit of disability cannot be confined only to Class-IV employees under the Disability Act, 1995. The State Government applied this benefit to blind persons also and age was extended from 60 to 61 years even in case, the employee was blind. In case of one Bhajan Chand, who was working as Lecturer Music, which was Class-II post, the benefit was given. Learned counsel also submits that the case of the petitioner is squarely covered by Bhupinder Singh's case (supra) as well as judgment rendered by Honourable the Supreme Court in Union of India and another v. National Federation of the Blind and others, 2013(4) SCT 807.