CHANALU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) In the present Original Application, the applicant his sought the relief that respondents be directed to allow him to work as regular work charge Beldar in presence of order (Annexure A -1) of the respondents. It is admitted position that the applicant joined as a daily wage Beldar Singh in Sub Divisional Brangal under Salooni Division in the year, 1980. The work and conduct of the applicant has throughout been to the entire satisfaction of his superiors as nothing adverse has ever been communicated to the applicant till day. The respondent State has taken policy decision to regularise the service of those daily wage Beldars/other categories who have put in more than 10 years of service with 240 days in each calendar years. The applicant being eligible and entitled for regularization against the post of Beldar, therefore, respondent No.2 is issued office order dated 8.3.1995 (Annexure -A) whereby service of the applicant were regularised and appointed him work -charge Beldar in the pay scale of Rs.750 -1350w.e.f. 1.1.1994.

(2.) The applicant was required to produce medical certificate of fitness duly signed by the Medical Officer of Government Hospital indicating that he is not suffering from any communicable disease. He was medically checked on April 21, 1995 and the Doctor has certified that on account of physical disability which is 55% as given by the Medical Board on February 26, 1992 (Annexure A -3), he is not fit to be retained in Government service. However, it was recommended that the applicant can be appointed on the post like verbal messenger or any other post where strareous physical activities with upper limbs is not required. 4.In view of the physical disability certificate, the respondent No.2, recommend the case of the applicant to the Chief Engineer (North) HPPWD, Dharamsala to the extent that in case the applicant is not fit to work as Beldar then the necessary sanction for appointing him as Chowkidar may be accorded. In response to the said communications, the office of Chief Engineer (North) intimated that since the applicant has been declared medically unfit by the Senior Medical Officer, Incharge Distt. Hospital, Chamba, as such, he is not to be appointed for making 1st entry Govt. service under the rules. Hence, in view of these circumstances the applicant could not be appointed as Work Charge Beldar or Chowkidar but he is still continuing as Beldar on daily wage basis with light duties only. We have heard the learned counsel for the parties. 5 Undoubtedly, the work and conduct of the applicant at all time remained satisfactory and there is no complete with respect to this aspect, Despite his physical disabilities (55%) which he was found by the medical Board In February, 1992, the applicant has performed the work of daily wage Beldar even after February, 1992 to the entire satisfaction of the respondents till he was appointed as work charge Beldar. Now, once, the respondents have registered him they cannot back -out as there is a specific bar. Section 47(1) of the Personal with Disabilities (Equal opportunities, Protection of Rights and Full Participation), Act, 1995 provides with no establishment shall dispense with or reduce in rank, an employee who acquires a disability during his services with further prevision that -Provided that, if an employee, after acquired disability is not suitable for the post he was holding could be shifted to some other post with the same pay scale and service benefits and with further provision that Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier."

(3.) The above provision are. no doubt a peace of welfare and beneficial legislation. Hence, it is to be interpreted liberally to the benefit of a person for whose benefit it has been enacted in order to make the objective and effective implementation of the Act.