MEHAR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The challenge herein in this petition is against office order dated 17.4.2001, Annexure-X, issued by respondent No. 2, whereby the petitioner, who at the relevant time was in the employment of the respondent/Corporation as Conductor, was retired from service on medical grounds, in violation of Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short 'PWD 'Act').

(2.) Some undisputed facts may be noticed first. The petitioner was appointed as Conductor in the respondent/Corporation on 7.8.1986. However, unfortunately later on, he suffered a paralytic attack and vide Disability Certificate dated 6.5.2000, Annexure-B, he was declared unfit for the job of Conductor, though fit for less laborious duty.

(3.) Against the above backdrop, the respondent/Corporation instead of putting the petitioner on less laborious duty straightway proposed to retire him from service on medical grounds in violation of the provisions of Section 47 of The PWD, Act, which lays down as under: