SOM PRAKASH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner by way of present writ petition is seeking quashing of order dated 21.01.2015 (Annexure P-16) in compliance of order dated 09.12.2014 (Annexure P-15), passed by this Court and further writ in the nature of certiorari quashing of impugned order dated 27.11.2014 (Annexure P-14), vide which he has been ordered to be retired ante-dated w.e.f. 28.02.2014 and further prayer for issuance of directions to the respondents to allow him to continue in service up to the age of 60 years in pursuance to the instructions dated 31.01.2006 (Annexure P-1), issued by the Government of Haryana.

(2.) Petitioner is physically handicapped to an extent of 70%. He was working as LDC at the office of S.D.O. "Op" UHBVNL, Kesri, Ambala. The age of compulsory retirement/superannuation is 58 years in the State of Haryana. The Government of Haryana vide instructions dated 31.01.2006 had raised the age of retirement of physically handicapped Government employees from 58 years to 60 years. In pursuance to above instructions dated 31.01.2006, the Government of Haryana issued another instructions dated 21.04.2008, vide which it was decided that for the purpose of giving extension beyond 58 years in the case of physically disabled employees. The Medical Board of PGIMS, Rohtak shall be designated as the Medical Board for the State and its Director shall personally Head the said Board and all such cases where extension in service beyond 58 years is sought on the ground of physically disability would be referred to the said Board for issue of medical certificate of disability to such employee.

(3.) The petitioner completed 58 years on 28.02.2014. However, he was allowed to continue in service, as the department was aware of the fact that he was appointed under physically handicapped category. Respondent No.2, vide letter dated 12.09.2014 (Annexure P-3), had requested the Medical Superintendent, PGIMS, Rohtak, to issue the medical certificate of disability in view of instructions dated 21.04.2008 (Annexure P-2). The Medical Superintendent had written a letter dated 15.09.2014 (Annexure P-4) to respondent No.2 to direct the petitioner to appear before the Special Medical Board on 19.09.2014 at 9 AM. Thereafter, the petitioner had appeared before the Special Medical Board on 19.09.2014 and on the same day the Medical Superintendent had informed him that the Haryana Government vide letter dated 26.08.2014 (Annexure P-6) had increased the age of superannuation of physically handicapped employees from 60 to 62 years, therefore, the certificate of the disabled employee from 58 to 60 years cannot be made now. The petitioner had got his certificate of disability prepared from the Medical Board comprising of Civil Surgeon, Ortho Surgeon & Principal Medical Officer, Government Hospital, Ambala City, in which, the disability of the petitioner has been assessed as permanent @ 70%. Thereafter, the petitioner had made a representation dated 09.10.2014 (Annexure P-9), which was forwarded by SDO (OP) S/Divn,. UHBVNL, Kesri, vide letter dated 09.10.2014 (Annexure P-10) to respondent No.2 for consideration.