CWP-25924-202 IN T 266 Suresh Kumar State of Punjab an CORAM: HON ***** Present : Mr. Mr. A ***** AMAN CHAUDH 1. Praye to extend the date of 58 years. 2. Learn 26797-2023 titled decided on 21.05 which learned Sta regards the factu aforementioned ju “Le from disab certif post o and j therea office conse 30.11 23 (O&M) IN THE HIGH COURT OF PUNJA AT CHANDIGARH CWP Date Versus and others HON'BLE MR. JUSTICE AMAN C ***** Mr. Ritesh Aggarwal, Advocate for th Mr. Arun Gupta, DAG, Punjab. ***** AUDHARY, J. (ORAL) yer made in the present petition e date of retirement of the petitioner Learned counsel prays for disposing titled as Jagtar Singh Sidhu vs. S 21.05.2024, as it covers the case of ed State counsel despite best efforts h factual position and draw out an judgment or cite any contrary law Learned counsel submits that the from Post Polio Residual Paralysis R disability of 50%, as assessed by the certificate dated 25.11.1986 Annexu ost of Clerk in the office of District and joined on 21.12.1987, wherein h thereafter transferred through proper office of Deputy Commissioner, Mo consequently promoted as Senior Ass 30.11.2023. He was, in view of the I 1 UNJAB & HARYANA ARH CWP-25924-2023 (O&M) Date of decision: 05.02.2025 ...Petitioner ...Respondents AN CHAUDHARY e for the petitioner. ition is for directing the respondents ioner to the age of 60 years instead osing of the case in terms of CWP- vs. State of Punjab and others, ase of the petitioners on all fours, fforts has been unable to controvert ut any distinctive aspects in the ry law and the same read thus:- hat the petitioner, who is suffering lysis Right Lower Limb and has a by the Civil Surgeon, Faridkot vide nnexure P-1, was appointed to the istrict & Sessions Judge, Ferozepur erein he worked for two years and roper channel on 02.09.1998 in the er, Moga on the same post. He was ior Assistant and was set to retire on f the Instructions dated 02.12.2022, ents tead ers, , ring as a vide the epur and the e on 022, ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 releas Punja 19.02 33 o Prote referr servic claim proce 09.03 24.05 Comm sough him. writ p Court petiti would of gr 30.11 judgm the re 23 (O&M) released handicap allowance on 02.0 Punjab Civil Services Rules Volume 19.02.2021, appended as Annexure P 33 of the Persons with Disabi Protection of Rights and Full Particip referred to as “the Act of 1995”) he service upto the age of 60 years. The claim, even got his handicapped procedure from the Civil Surgeo 09.03.2023 Annexure P-3. He also s 24.05.2023 for with the afores Commissioner had, vide letter dated 1 sought necessary approval with rega him. However, no response was recei it petition on 28.11.2023, prior to Court vide order dated 30.11.2023 petitioner succeeds, he will be treate would also be entitled to salary for th of grant of extension, the petitioner 30.11.2025. The case of the petition judgment in Bhupinder Singh vs. S the relevant portion whereof reads thu “The entire scheme underlin provide equal opportunities various kinds of disabilities w with any such disabilities. The disabled persons and prov participation in all matters to e come to the level of normal hu on account of any physical def (i) has defined 7 kinds of employment and also reserva provides reservation in service categories of disabled persons ii) hearing impairment (iii) loc palsy. Persons suffering from been treated at par. From various provisions of it is abundantly clear that all c have been treated alive and ha treatment in all spheres of thei Act it also appears that every person in one or other kind o not only the enjoyment of norm a person of equal opportunities from any deformity. It is w Parliament of this country ena no distinction between a perso 2 n 02.06.2023. As per Rule 3.27 of olume I Part I and Instructions dated xure P-6 issued in terms of Section Disabilities (Equal Opportunities, articipation) Act, 1995, (hereinafter 5”) he was entitled for extension in s. The office in order to consider his apped certificate verified as per urgeon, Moga vide letter dated also submitted a representation on aforesaid request. The Deputy dated 15.11.2023 Annexure P-5 also th regard for grant of extension to s received, he thus, filed the present rior to his retirement, wherein this 1.2023 made it clear that if the treated to continue in service and for the said period as well. In case itioner will continue in service till etitioner is squarely covered by the vs. State of Punjab and others, ads thus: nderlining the Disability Act is to nities to persons suffering from ities with those who do not suffer s. The Act also protects the rights of provides opportunities for full rs to enable the disabled persons to mal human beings and not to suffer al deformity or disability. Section 2 s of disabilities. Chapter VI for eservation in services. Section 33 services not less than 3% for three rsons i.e. (i) blindness or low vision iii) locomotor disability or cerebral from all kinds of disabilities have ons of the Act noticed herein above, at all categories of disabled persons and have been subjected to similar of their life. From the scheme of the t every kind of disability places a kind of disadvantage depriving him f normal life but also deprives such unities with those who do not suffer t is with this objective that the ry enacted this legislation. There is person suffering from one kind of 7 of ated tion ties, after n in r his per ated on puty also n to sent this the and case till the s to rom ffer ts of full s to ffer on 2 r 33 hree sion bral ave ove, sons ilar f the es a him such ffer the re is d of ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 3. Th filed Hon’ obser 23 (O&M) disability or the other. Al disadvantageous position. Thu that the enhancement of age m cannot be extended to persons physical disabilities does not se does it achieve any special p rather expedient that all categ be treated alike without any d objective of the Act. xxx In view of the above, this pe State is directed to suitably mo P-2 & P-3) and extend the ben all categories of disabled G under Section 2 (i) of the Disa the Act. The petitioner has b years. It is more than one year I leave it to the wisdom of petitioner into service for the r to age of 60 years, however, emoluments for extended peri deemed to have retired at the entitled to all consequential ben The Division Bench of this Court filed by the State i.e. LPA-1719- Hon’ble the Supreme Court vide observed thus: “…A doubt had arisen as to wh only in the case of blind emp time of recruitment or who bec service later. Vide Circular da that such a benefit of retireme available in all cases irrespect was blind at the time of recrui service, later. This circular distinction between two sets who were blind at the time o become blind during service Therefore, it was clarified became/become blind during t discharged from the service against the suitable posts by ta the Punjab C.S.R. Vol.II. Plea that this benefit of enhancing t years to 60 years subject to th and mentally fit should not b handicapped category of disab 3 r. All seems to be in similar Thus, the contention of the State f age meant only for blind persons ersons suffering from other kinds of s not seem to be rational, logical nor cial purpose. It is, thus, necessary categories of the disabled persons t any discrimination to achieve the xxx xxx this petition is allowed. Respondent bly modify the Circular (Annexures he benefit of enhancement of age to led Govt. employees as specified e Disability Act in tune and spirit of has been retired at the age of 58 e year that the petitioner has retired. om of the State to re-induct the r the rest of period of retirement up ever, petitioner shall be entitled to d period of retirement. He shall be at the age of 60 years and will be tial benefits.” Court while dismissing the appeal -2011, which was affirmed by vide judgment dated 16.09.2014, s to whether this benefit is available d employees who were blind at the ho became/become blind during the lar dated 16.2.1996 it was clarified tirement age of 60 years would be espective of the fact that employee recruitment or became blind during ircular emphasized that making sets of employees, namely, those time of recruitment and those who vice, was not legally tenable. rified that those employees who ring the service later should not be ervice but they may be adjusted s by taking action under rule 5.12 of I. Plea of the respondent herein was ncing the age of retirement from 58 t to their being declared physically not be confined only to visually f disabled persons, but it should be ilar tate sons s of r sary sons the dent ures e to ified it of f 58 ired. the t up d to ll be l be peal by 014, able t the the ified d be yee ring king hose who who t be sted of was 58 ally ally d be ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 23 (O&M) extended to other disabled suffering from any disability The Persons with Disabil Protection of Rights and Fu [hereinafter referred to as 'the of the said Act defines the disa “(I) “disability” means- (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairme (v) locomotor disabili (vi) mental retardation (vii) mental illness; ….. ….. (t) “person with disabili from not less than forty certified by a medical au xxx xxx In our considered view, th learned Additional Advocate G the entire matter. Even if a sch when the Disability Act had n of common knowledge that Government as well as State G with various schemes for th persons, may be such benefits other category of disabled pers of the Disability Act guarantee disabled persons and all tho 'disability' defined in Section 2 brought at par. The purpose categories are able to reservations/schemes in realt provisions do not remain onl recognized that persons wit minority and under-privileged disadvantages. In order to e under this Act are extended to Justice and Empowerment, Go with "National Policy for Pers on 10.2.2006. "11. "Introduction constitutional spirit r Constitution of India justice and dignity of a mandates an inclusive persons with disabilitie 4 abled employees also who were bility covered by the provisions of isabilities (Equal Opportunities, nd Full Participation) Act, 1995 s 'the Disability Act']. Section 2 (I) e disability as under:- - - - - airment; isability; rdation; ….. ….. ….. isability” means a person suffering forty per cent of any disability as ical authority;” x xxx iew, the aforesaid argument of the ocate General is a myopic view of f a scheme was formulated at a time had not been enacted, it is a matter that even prior to 1996, Central tate Governments were coming out for the benefit of differently-able enefits were confined to one or the d persons. However, the enactment ranteed and assured certain rights to ll those fit into the definition of ction 2(1) of the Disability Act are urpose is to ensure that all these to get the fruits of such realty as well and that these in only on papers. It is now well s with disabilities are invisible ileged class. They suffer from many to ensure that rights guaranteed ded to them, the Ministry of Social nt, Government of India came out r Persons with Disabilities", issued uction" to the said Policy starts with irit recording as under: "The India ensures equality, freedom, y of all individuals and implicitly lusive society for all including bilities. In the recent years, there ere s of ties, 995 2 (I) ring y as the of time atter ntral out able the ent ts to of t are hese such hese well sible any teed cial out sued with The om, citly ding here ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 4. Th in lig 23 (O&M) have been vast and posit of the society towards lead a better quality opportunities and effec measures." [emphasis su 12. This very Na fact that education is the and economic empowe prime importance is to b That is the scheme of Statistics of Socio-Econ is abysmally low liter among the PWDs. Fu social stigma and it is m the most excluded in Ind Thus, with the enactment of disabled persons, irrespectiv disabilities, are to be treate Disability Act places responsi adjustments for disabled peo various practical, psychologic by their disability. The Act p with other citizens of Indi vocational training and emp establish a coherent and comp promotion of just and fair implementation. It creates form the process of full and total int society. It also aims at facilita policies and permits strong breakers. The main aim of PW responsibilities of the Central regard to the services for disab ensure full life to a disabled in to make full contribution in a condition. The aforesaid discussion wo is not only the statutory but c suffering from disabilities recognized by law. In this pro one disability cannot be treate of disability. All disabled definition of Section 2(I) of class. There cannot be sub-cl class.” The Government of Punjab, after in light of the judgment rendered 5 d positive changes in the perception ards persons with disabilities can ality of life if they have equal effective access to rehabilitation asis supplied) ery National Policy recognizes the is the most effective tool for social powerment and therefore, if any is to be given to educate the PWDs. me of Disabilities Act itself. 13. Economic studies reveal that there literacy and employment rates s. Further, they face widespread it is making disabled people among in Indian Society." ent of the Disability Act, all such spective of the nature of their treated equally and at par. The sponsibility on the society to make d people so that they overcome ological and social hurdles created Act places disabled people at par India in respect of education, employment. The Act seeks to comprehensive framework for the fair policies and their effective es formal procedures, which hasten tal integration of the disabled in the facilitating efficient enforcement of trong measures against the law- of PWD Act is also to define the entral and State Governments with r disabled persons. The Act aims to bled individual so as to enable him n in accordance with his disability ion would amply demonstrate that it but constitutional right of persons lities to get special treatment his process, persons suffering from treated differently from other kind bled persons falling within the (I) of the Disability Act form one classification within this same , after a consideration of the matter dered in Bhupinder Singh (supra), tion can qual tion the cial any Ds. 13. here rates read ong such their The ome ated par tion, s to the tive sten the t of the with s to him ility at it sons ent rom kind the one ame atter pra), ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document CWP-25924-202 issued exten cover clarif 5. Ho case perm const dealin oppor that a prefe purpo 6. T follow appea 60 ye 7. Le to co aspec 8. In of Bh exten done 3. The (supra). 05.02.2025 ashok Whet Whet 23 (O&M) issued Instructions dated 19.11.201 extension in service was made availa covered under Section 33 of the Act clarified by Instructions dated 19.02.2 Hon’ble the Supreme Court in Ku case of a disabled employee who, w permanently incapacitated for further construing a provision of social b dealing with disabled persons int opportunities, protection of rights an that advances the object of the Act a preferred to the one which obstructs purpose of the Act.” The Division Bench in Kamal De following the judgment in Bhupinde appeal and since the petitioner had r 60 years by then, granted him wages Learned State counsel despite his b to controvert the factual position a aspects in the aforementioned judgme 8. In wake of the above, the present p Bhupinder Singh (supra), directing extension in service with all conseq done within a period of two weeks” The petition is disposed of in ter Whether speaking : Whether reportable : 6 .11.2014, whereby the benefit of available to all disabled employees he Act of 1995, which were further 9.02.2021 along the same lines. Kunal Singh vs. Union India, a ho, while in service was declared further service observed that, “…In cial beneficial enactment that too ns intended to give them equal hts and full participation, the view Act and serves its purpose must be structs the object and paralyses the mal Dev Kalia vs. State of Punjab, upinder Singh (supra), allowed the had retired on attaining the age of ages alongwith interest. te his best efforts, has not been able ition and draw out any distinctive udgments or cite any contrary law. esent petition is disposed of in terms recting that the petitioner be granted consequential benefits. Needful be ” in terms of Jagtar Singh Sidhu (AMAN CHAUDHARY) JUDGE Yes/No Yes/No t of yees rther , a ared …In too qual iew t be the jab, the e of able tive rms nted l be dhu ASHOK KUMAR 2025.02.06 10:27 I attest to the accuracy and integrity of this document