JIT RAM AND ANOTHER Vs. PUNJAB MANDI BOARD, CHANDIGARH
LAWS(P&H)-1990-8-120
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 10,1990

JIT RAM AND ANOTHER Appellant
VERSUS
Punjab Mandi Board, Chandigarh Respondents

JUDGEMENT

- (1.) This judgment will dispose of Civil Writ Petition Nos. 5173 and 13611 of 1989 as the questions of fact and law in both the writ petitions are common. For the purpose of decision it is sufficient to state the facts from CWP No. 5173 of 1989.
(2.) The short question that arises for determination in these cases is as to whether a work-charged employee who was handicapped is entitled to conveyance allowance. Both the petitioners are working as work-charged employees. Admittedly petitioner No. 1 joined as a daily wage worker on 1.12.1981. He is currently working as a Chawkidar in the scale of Rs. 300-430. Till date he continues to be a daily worker. He has stated in the writ petition that his right upper limb of the elbow joint was amputated. A copy of the certificate issued by the Civil Surgeon, Ludhiana (Annexure P.1) reads as follows :- "No. GM/81/408 Dated 10.11.87. Certified that I have examined Shri Jit Ram s/o. Shri Mela Ram, resident of village Katani Khurd, Distt. Ludhiana today. He has got amputation of Right Upper Limb at elbow joint. Thus he is physically handicapped person. His signatures are given below. Sd/- Civil Surgeon, Ludhiana.
(3.) It is claimed that petitioner No. 2 joined the Board on 3.3.1986. He is working in the scale of Rs. 400-600 as Work Munshi. It is settled in the writ petition that he got contracture of all the fingers of right hand. He has produced certificate from Civil Surgeon, Sangrur (Annexure P.2) which reads as under : "Certified that I have examined Shri Jagar Singh son of Shri Jangir Singh of Village Salimpura. He has got contracture of all the fingers of right hand. Hence he is physically handicapped.";


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