CWP-14133-20 IN T 255+108 Sukhbir Kaur State of Punjab CORAM: HO Present : Mr Mr *** AMAN CHAUD CM-10855-CW All taken on record. Main Case 1. Pra extension in age the fact that du per disability ce 2. The order is that she stands decided others1, relevan 1 CWP-7233-2010 2020 (O&M) IN THE HIGH COURT OF PUNJ AT CHANDIGAR CWP-141 Date of D Vs. unjab and others HON'BLE MR. JUSTICE AMAN ***** Mr. VK Shukla, Advocate for the p Mr. Charanpreet Singh, AAG, Punj ***** HAUDHARY, J. (ORAL) CWP-2022 Allowed as prayed for. Replication ecord. Prayer made in the present petition in age for retirement upto 60 years t hat during service she has suffered 90 lity certificate dated 10.09.2019 (Anne The primary ground for not accep at she had not been inducted with the cided by this Court in Bhupinder Sin elevant portion whereof reads thus: 2010, decided on 25.05.2011 PUNJAB & HARYANA IGARH 14133-2020 (O&M) te of Decision: 14.01.2025 ..Petitioner ..Respondents AMAN CHAUDHARY r the petitioner. , Punjab. ication on behalf of the petitioner is etition for granting benefit of 2 years years to the petitioner on account of red 90% disability of low vision as (Annexure P7). accepting her claim vide impugned ith the said disability which already er Singh vs. State of Punjab and -1- er is years nt of n as gned eady and ASHOK KUMAR 2025.01.15 10:58 I attest to the accuracy and integrity of this document CWP-14133-20 2020 (O&M) “The petitioner was a Govt. em Carpenter on 17.5.1972 in Husbandry, Patiala. He was on Animal Husbandry, where he me forearm on 12.3.1974. His right accordingly adjusted on the pos earned promotions as Senio Superintendent, wherefrom he April, 2010. This petition was f account of physical infirmity the treatment as granted to th enhancement of retirement age f Circulars dated 16.2.1996 (An (Annexure P-3). xxx xxx The entire scheme underlining th equal opportunities to persons su disabilities with those who do disabilities. The Act also protects and provides opportunities for f to enable the disabled persons to human beings and not to suffe deformity or disability. Section disabilities. Chapter VI for emplo services. Section 33 provides re than 3% for three categories blindness or low vision ii) heari disability or cerebral palsy. Perso disabilities have been treated at p From various provisions of th is abundantly clear that all categ been treated alive and have been in all spheres of their life. From appears that every kind of disab other kind of disadvantage d enjoyment of normal life but al equal opportunities with those deformity. It is with this objecti country enacted this legislatio between a person suffering from other. All seems to be in simi Thus, the contention of the State meant only for blind persons c suffering from other kinds of seem to be rational, logical no purpose. It is, thus, necessar categories of the disabled person discrimination to achieve the obj xxx xxx vt. employee. He was appointed as a in the Department of Animal as on duty in Indo-Swiss Project of he met with an accident and lost his s right arm was amputated. He was he post of Clerk on 3.12.1975. He Senior Assistant and then as m he has retired in the month of was filed before his retirement. On ity the petitioner is claiming similar to the blind persons regarding t age from 58 years to 60 years vide 6 (Annexure P-2) and 17.1.2001 xxx ning the Disability Act is to provide sons suffering from various kinds of ho do not suffer with any such rotects the rights of disabled persons s for full participation in all matters sons to come to the level of normal suffer on account of any physical ection 2 (i) has defined 7 kinds of r employment and also reservation in ides reservation in services not less ories of disabled persons i.e. (i) ) hearing impairment (iii) locomotor Persons suffering from all kinds of ed at par. s of the Act noticed herein above, it l categories of disabled persons have e been subjected to similar treatment . From the scheme of the Act it also disability places a person in one or age depriving him not only the but also deprives such a person of those who do not suffer from any objective that the Parliament of this gislation. There is no distinction g from one kind of disability or the n similar disadvantageous position. State that the enhancement of age sons cannot be extended to persons s of physical disabilities does not cal nor does it achieve any special cessary rather expedient that all persons be treated alike without any he objective of the Act. xxx -2- as a imal ct of st his was . He as h of t. On milar rding vide 2001 vide ds of such rsons tters rmal sical f on in less . (i) otor ds of ve, it have ment so ne or the n of any this ction r the ition. f age rsons not ecial t all t any ASHOK KUMAR 2025.01.15 10:58 I attest to the accuracy and integrity of this document CWP-14133-20 3. The filed by the Sta Supreme Court 2 State of Punjab a 3CA-8855-2014, S 2020 (O&M) In view of the above, this pe State is directed to suitably modi 2 & P-3) and extend the benefit categories of disabled Govt. e Section 2 (i) of the Disability Ac The petitioner has been retired at than one year that the petitione wisdom of the State to re-induct the rest of period of retirement u petitioner shall be entitled to em of retirement. He shall be deeme 60 years and will be entitled to al The Division Bench of this Cour he State i.e. LPA-1719-20112, which Court vide judgment dated 16.09.2014 “…A doubt had arisen as to wh only in the case of blind employe of recruitment or who became/be later. Vide Circular dated 16.2.19 benefit of retirement age of 60 y cases irrespective of the fact th time of recruitment or became b circular emphasized that making of employees, namely, those w recruitment and those who beco not legally tenable. Therefore, employees who became/become should not be discharged from adjusted against the suitable pos 5.12 of the Punjab C.S.R. Vol.II was that this benefit of enhanci 58 years to 60 years subject to t and mentally fit should not b handicapped category of disabl extended to other disabled emplo from any disability covered by with Disabilities (Equal Oppor and Full Participation) Act, 1995 Disability Act']. Section 2 (I) disability as under:- njab and others vs. Bhupinder Singh, decide 014, State of Punjab and others vs. Bhupind his petition is allowed. Respondent y modify the Circular (Annexures P- enefit of enhancement of age to all ovt. employees as specified under lity Act in tune and spirit of the Act. ired at the age of 58 years. It is more titioner has retired. I leave it to the induct the petitioner into service for ent up to age of 60 years, however, to emoluments for extended period deemed to have retired at the age of d to all consequential benefits.” Court while dismissing the appeal which was affirmed by Hon’ble the .20143, observed thus: to whether this benefit is available mployees who were blind at the time ame/become blind during the service 16.2.1996 it was clarified that such a f 60 years would be available in all fact that employee was blind at the ame blind during service, later. This aking distinction between two sets ose who were blind at the time of o become blind during service, was refore, it was clarified that those ecome blind during the service later from the service but they may be le posts by taking action under rule Vol.II. Plea of the respondent herein hancing the age of retirement from ct to their being declared physically not be confined only to visually disabled persons, but it should be employees also who were suffering d by the provisions of The Persons Opportunities, Protection of Rights t, 1995 [hereinafter referred to as 'the 2 (I) of the said Act defines the decided on 25.09.2012 hupinder Singh -3- dent - to all nder Act. more o the e for ever, eriod ge of peal e the lable time rvice ch a in all t the This sets e of was those later y be rule erein from cally ually d be ering rsons ights s 'the the ASHOK KUMAR 2025.01.15 10:58 I attest to the accuracy and integrity of this document CWP-14133-20 2020 (O&M) “(I) “disability” means- - - - (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness; ….. ….. (t) “person with disability” mean less than forty per cent of any medical authority;” xxx xxx In our considered view, th learned Additional Advocate Ge entire matter. Even if a scheme w the Disability Act had not bee common knowledge that eve Government as well as State G with various schemes for the persons, may be such benefits other category of disabled person the Disability Act guaranteed disabled persons and all thos 'disability' defined in Section 2 brought at par. The purpose categories are able to g reservations/schemes in realty as do not remain only on papers. I persons with disabilities are in privileged class. They suffer f order to ensure that rights gu extended to them, the Mini Empowerment, Government of I Policy for Persons with Disabiliti "11. "Introduction" to the said P spirit recording as under: "The equality, freedom, justice and d implicitly mandates an inclusi persons with disabilities. In the vast and positive changes in t towards persons with disabilitie life if they have equal opportu rehabilitation measures." [empha 12. This very National Polic education is the most effective empowerment and therefore, if a given to educate the PWDs. Tha Act itself. 13. Statistics of Socio ….. ….. ” means a person suffering from not of any disability as certified by a xxx ew, the aforesaid argument of the ate General is a myopic view of the heme was formulated at a time when ot been enacted, it is a matter of at even prior to 1996, Central tate Governments were coming out or the benefit of differently-able nefits were confined to one or the persons. However, the enactment of teed and assured certain rights to l those fit into the definition of tion 2(1) of the Disability Act are rpose is to ensure that all these to get the fruits of such alty as well and that these provisions pers. It is now well recognized that are invisible minority and under- ffer from many disadvantages. In hts guaranteed under this Act are Ministry of Social Justice and nt of India came out with "National sabilities", issued on 10.2.2006. said Policy starts with constitutional "The Constitution of India ensures and dignity of all individuals and inclusive society for all including In the recent years, there have been s in the perception of the society bilities can lead a better quality of pportunities and effective access to emphasis supplied) Policy recognizes the fact that ective tool for social and economic re, if any prime importance is to be s. That is the scheme of Disabilities Socio-Economic studies reveal that -4- not by a f the f the hen r of ntral out able r the nt of ts to n of t are these such sions that - s. In t are and ional ional sures and ding been ciety ty of ss to that omic to be lities l that ASHOK KUMAR 2025.01.15 10:58 I attest to the accuracy and integrity of this document CWP-14133-20 4. Ho case of a disabl incapacitated fo social beneficial give them equa view that advan 4 2003(4) SCC 524 2020 (O&M) there is abysmally low literacy the PWDs. Further, they face wid making disabled people among Society." Thus, with the enactment of disabled persons, irrespective of are to be treated equally and at responsibility on the society to m people so that they overcome va and social hurdles created by th disabled people at par with other education, vocational training an to establish a coherent and com promotion of just and fair implementation. It creates forma process of full and total integ society. It also aims at facilita policies and permits strong meas The main aim of PWD Act is als of the Central and State Gov services for disabled persons. Th to a disabled individual so as contribution in accordance with h The aforesaid discussion woul not only the statutory but co suffering from disabilities to ge by law. In this process, persons cannot be treated differently from disabled persons falling within th the Disability Act form one classification within this same cla Hon’ble the Supreme Court in Kun disabled employee who, while in serv ted for further service observed that, “ eficial enactment that too dealing wit equal opportunities, protection of rig advances the object of the Act an C 524 eracy and employment rates among ce widespread social stigma and it is mong the most excluded in Indian nt of the Disability Act, all such ive of the nature of their disabilities, nd at par. The Disability Act places ty to make adjustments for disabled me various practical, psychological by their disability. The Act places h other citizens of India in respect of ing and employment. The Act seeks mprehensive framework for the fair policies and their effective formal procedures, which hasten the integration of the disabled in the acilitating efficient enforcement of g measures against the law-breakers. t is also to define the responsibilities Governments with regard to the ns. The Act aims to ensure full life so as to enable him to make full with his disability condition. n would amply demonstrate that it is ut constitutional right of persons to get special treatment recognized ersons suffering from one disability tly from other kind of disability. All ithin the definition of Section 2(I) of one class. There cannot be sub- me class.” Kunal Singh vs. Union India4, a in service was declared permanently that, “…In construing a provision of ng with disabled persons intended to of rights and full participation, the ct and serves its purpose must be -5- ong it is dian such ities, laces bled gical laces ct of eeks r the ctive n the the nt of kers. lities the l life full t it is rsons ized bility . All (I) of - , a ently on of ed to , the st be ASHOK KUMAR 2025.01.15 10:58 I attest to the accuracy and integrity of this document CWP-14133-20 preferred to the the Act.” 5. The following the ju since the petitio granted him wag with, the contem 26.11.2024. 6. Lea controvert the f aforementioned 7. In w of Bhupinder S 14.01.2025 ashok Whether speakin Whether reporta 5 LPA-231-2017, d 2020 (O&M) to the one which obstructs the object The Division Bench in Kamal Dev the judgment in Bhupinder Singh (s petitioner had retired on attaining t im wages, to which there was no chall contempt petition was not pressed, as Learned State counsel despite his b t the factual position and draw out tioned judgment or cite any contrary la In wake of the above, the present p der Singh (supra). (AMAN speaking/reasoned : Ye reportable : Ye 017, decided on 03.05.2023 object and paralyses the purpose of al Dev Kalia vs. State of Punjab5, ngh (supra), allowed the appeal and ining the age of 60 years by then, o challenge. It having been complied sed, as is apparent from order dated te his best efforts has been unable to out any distinctive aspects in the rary law. esent petition is disposed of in terms MAN CHAUDHARY) JUDGE Yes / No Yes / No -6- se of , l and then, plied ated le to the erms ASHOK KUMAR 2025.01.15 10:58 I attest to the accuracy and integrity of this document