Disabled to the extent of 75%, during service in Haryana Govt., gets protection from HighCourt
Chandigarh (Aditi) An Executive Engineer, disabled to the extent of 75%, during service in the PWD (B&R) Department, gets protection from High Court. Granted salary and allowances from April 2015 onwards (with 6 % interest), on creation of Supernumerary Post for him:
Kulbir Singh Jakhar, an Executive Engineer in the PWD (B&R) Department in Haryana, suffered from 75% permanent physical impairment on account of “Hypertrophic obstructive Cardiomyopathy”. Resultantly, he was not in a position to attend his duties in office. He therefore filed Writ Petition in the High Court in 2017, seeking the issuance of appropriate directions to the Respondents to create a supernumerary post for him under Section 47 of the “The Rights of Persons With Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995”. It is worth noting that under the aforesaid provisions of 1995 Act (and also under provisions of Section 20 of the corresponding new Act of 2016, it is envisaged that in case a Govt. employee suffers disability during service, and is unable to discharge the duties of his post, such employee is required to be adjusted in another post and in case he is not able to discharge duties of any post whatsoever, the Govt. has to create a Supernumerary Post for such disabled Govt. employee, until he attains the age of superannuation or is able to discharge duties. The case of Kulbir Jakhar remained pending for about 3 years, during which he remained did not discharge any official duties.. Eventually, the High Court vide order dated 22.12.2020, directed the PGI, Rohtak, to examine him and to submit report on his disability. The Medical Board constituted by PGI Rohtak, accordingly examined the petitioner and submitted a report that he was physically severely disabled, and that he would not be able to attend office, and becomes symptomatic even on slightest of physical activity, although he was not completely bed ridden. He was described as a person with disability having high support needs. In view of the aforesaid opinion given by the Medical Board of PGI Rohtak, the State of Haryana created a supernumerary post of Executive Engineer (Civil) for the petitioner, from 21.04.2015, till his retirement, or till his joining after his medical fitness, whichever is earlier. Thus, the creation and sanction of supernumerary post for the petitioner, came as a turning point in his case. The said gesture of Haryana Government was appreciated by the HC Bench comprising Justice Amol Rattan Singh, who issued directions to the respondent /State of Haryana to release the arrears of salary to the petitioner from April 21, 2015 till the date of his retirement or till he becomes medically fit, whichever is earlier. The H.C. Bench further directed the State of Haryana to pay interest to the petitioner on such arrears of salary, at the rate of 6% per annum. The Writ Petition filed by the petitioner was thus, disposed of by the High Court in the above terms.