UNION OF INDIA Vs. NAHARI THAKKAR

JUDGEMENT

(1.) By way of this intra-court appeal, the Union of India and the Chief Post Master General, Rajasthan seek to question the order dated 18.07.2013 passed in S.B. Civil Writ Petition No. 4573/2010 whereby, a learned Single Judge of this Court has rejected their challenge to the order dated 04.02.2010, as passed by the Deputy Commissioner for Persons with Disabilities in Case No. 1/1024/08-09, which was registered on a complaint made by the present respondent No.1, a person with 100% visual impairment, stating violation of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ['the Act'/'the Act of 1995'] when the appellants dispensed with his services on an application seeking voluntary retirement.

(2.) In brief, the relevant facts and background aspects of the matter are as follows: The respondent No.1 joined the services with the appellants on the post of Postal Assistant on 11.03.1983; and was, in the due course of time, promoted to the post of Special Post Master ('SPM'). As would appear hereafter, it was rather an indisputable position that while serving as SPM, the respondent No.1 gradually started loosing his eyesight leading to substantial disability. On 07.05.2004, the respondent No.1 submitted an application seeking transfer to Sagwara or to the Head Post Office at Dungarpur with the submissions that he was unable to work as the Incharge of Post Office because of failing eyesight.

(3.) It appears that with reference to the prayer so made by the respondent No.1, the department made a request to the Chief Medical and Health Officer on 27.12.2004 to constitute a Board for the purpose of his medical examination. In this regard, the department further sent the reminders on 13.01.2005 and on 02.02.2005 but the Medical Board could not be constituted. The respondent No.1, however, produced a medical certificate from L.V. Prasad Eye Institute, Hyderabad to the effect that he was suffering from 100% visual disability.