PARDEEP KUMAR GAUTAM Vs. STATE OF H. P.

JUDGEMENT

(1.) The petitioner, despite being disabled has not been allowed to continue to work till the age of 60/62 years only on the ground that at the time of his induction into service, he was not disabled, whereas his counterparts have been extended said benefit. Aggrieved by action of the respondents, the petitioner has filed the instant petition for grant of following substantive reliefs:-

(2.) The petitioner joined the respondent-Department on 18/1/1985. It was during the course of the duties that the petitioner sustained injuries and was rendered physically handicapped to the extent of 42%. On 11/9/2018, the respondent-Department issued a notice to the petitioner indicating the retirement of the petitioner on 31/12/2018. The petitioner immediately represented to the competent authority to extend him benefit of enhancement of the age, which was being provided to the blind persons who also fall within category of physically handicapped persons as defined by the State Government and otherwise provided for under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, "the Act of 1995").

(3.) Since the representation was not being decided, the petitioner approached the Tribunal and vide order dtd. 21/11/2018, the competent authority was directed to decide the representation of the petitioner within two months.