Permod Kohli, J. - (1.) STATE of Punjab issued Circular Letter dated 16.2.1996 from the Department of Personnel and Administrative Reforms raising the age of retirement of blind State Govt. employees from 58 years to 60 years subject to they being declared physically and mentally fit after the age of 58 years by the Civil Surgeon of the district concerned for further service. This Circular was reiterated in Circular dated 17.1.2001 with a further stipulation that blind Govt. employee should not be medically checked up after the age of 58 years, however, where the blind employee is adjudged mentally or physically unsuitable for performing duties of the post being held by him only he may be referred for medical check up. The petitioner was a Govt. employee. He was appointed as a Carpenter on 17.5.1972 in the Department of Animal Husbandry, Patiala. He was on duty in Indo -Swiss Project of Animal Husbandry, where he met with an accident and lost his forearm on 12.3.1974. His right arm was amputated. He was accordingly adjusted on the post of Clerk on 3.12.1975. He earned promotions as Senior Assistant and then as Superintendent, wherefrom he has retired in the month of April, 2010. This petition was filed before his retirement. On account of physical infirmity the petitioner is claiming similar treatment as granted to the blind persons regarding enhancement of retirement age from 58 years to 60 years vide Circulars dated 16.2.1996 (Annexure P -2) and 17.1.2001 (Annexure P -3).
(2.) THE contention of the petitioner is that he is a disabled person and falls in the same category as a blind Govt. employee and is thus, entitled to the similar treatment. Respondents, however, resisted the claim of the petitioner on the ground that blind employees are in a more disadvantageous position. It is pleaded that at the first place the blind employees take long time for their studies as they are taught by special, method called "Braille", whereas physically handicapped employees do not suffer this disadvantage. Regarding blind employees, they join the service at late stage as compared to other physically handicapped Govt. employees and on account of late joining in the service, they do not get full pension, which is not the case with the other kind of physically disabled persons. It is further stated that the job and promotional avenues for blind persons are negligible, whereas for physically handicapped employees, there are more and better avenues; both at the time of recruitment and promotion. Petitioner is seeking parity with the blind persons for enhancement of age on the basis of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, enacted by the Parliament (hereinafter referred to as the Disability Act). Section 2(i) defines disability which means following disabilities: - (i) "disability" means - (i) blindness; (ii) low vision; (iii) leprosy -cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness. Section 2(t) defines persons with disability and reads as under: - (t) "person with disability " means a person suffering from not less than forty per cent of any disability as certified by a medical authority, Chapter VI deals with the employment. Section 32 requires the appropriate Govt. to identify the posts in the establishment which can be reserved for the persons with disabilities. It also requires periodical review of the list of posts identified. Section 33 makes reservation of 3% for three categories of persons suffering with disabilities and with 1 % reservation for each of the following categories: - (i) blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy. Section 38 of the Act provides for formulation of schemes for ensuring employment of persons with disabilities by the appropriate govt. and local authorities. This section reads as under: - 38. (1) The appropriate Govt. and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities and such schemes may provide for - (a) the training and welfare of persons with disabilities; (b) the relaxation of upper age limit; (c) regulating the employment; (d) health and safety measures and creation of nonhandicapping environment in places where persons with disabilities are employed; (e) the manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and (f) constituting the authority responsible for the administration of the scheme.
(3.) SECTION 39 further makes it obligatory for all Govt. Educational Institutions and other educational institutions receiving aid from the Govt. to reserve not less than 3% seats for persons with disabilities. Similarly Section 43 also imposes an obligation upon the Govt. and local authorities to frame schemes in favour of the persons with disabilities for the preferential allotment of land at concessional rates for houses, setting up of business, special recreational centres, establishment of special schools, research centres and establishment of factories by entrepreneurs with disabilities etc. Chapter VIII of the Disability Act further deals with the non -discrimination with persons under disabilities in respect to transport, user of road, facilities in public buildings. Section 47 further prevents discrimination in Govt. employment and reads as under: - 47. (1) No establishment shall dispense with or reduce in rank an employee who acquires a disability during his service: Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (2) No promotion shall be denied to a person merely on the ground of his disability; Provided that the appropriate Govt. may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.;