SURJEET SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner has challenged in this petition, the order Annexure P-16, vide which he has 'been retired from Government service' from the date of receipt of an "unfit certificate" from the PGIMS Rohtak, i.e. with effect from 24.01.2017, with the government exercising jurisdiction for retiring the petitioner under Rule 31(b) of the Haryana Civil Services (Leave) Rules, 2016 and Rule 26 of Haryana Civil Services (Pension) Rules, 2016.

(2.) Learned counsel for the petitioner however relies upon Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which reads as follows:-

(3.) He submits that the petitioner had been appointed as a Jail Warder in the respondent department on 08.01.2003 and had met with a motor vehicle accident on 13.10.2013, rendering him 90% disabled. Therefore, in terms of the 2nd proviso to sub section (1) of the aforesaid statutory provision, he was entitled to continue in service till the normal date of his superannuation.