- (1.) The petitioner was working as a Reader in the Court of Additional District & Sessions Judge, Karnal. He claims to have worked to the entire satisfaction of his superiors. The petitioner was made to superannuate on completion of 58 years of age. He, however, claims that he was entitled to remain in service upto 60 years of age in accordance with instructions issued by State of Haryana. Reference is made to instructions dated 31.1.2006, whereby the retirement age of physically disabled employee possessing minimum degree of disability to the extent of 70% or above, was raised from 58 to 60 years.
(2.) The disability was required to be checked by Medical Board constituted under the Chairmanship of CMO, who was to issue medical certificate for the said purpose. Subsequently, another letter was issued directing that the medical of such employees to check the extent of their disability shall be conducted at PGIMS, Rohtak. The petitioner suffered a handicap and was disabled more than 70%, which was certified by Civil Surgeon, Karnal. The petitioner accordingly submitted representation before respondent No.2 and prayed for grant of benefit under the instructions, referred to above. The petitioner also submitted his disability certificate. On 30.3.2009, the petitioner was directed to submit a fresh Medical Certificate issued by PGIMS, Rohtak. The petitioner accordingly appeared before the Medical Board at PGIMS, Rohtak on 22.5.2009. The petitioner was found to be suffering from 71% hearing disability in both the ears. The copy of the medical report was sent to respondent No.2 by the Medical Board. Still, respondent No.2 rejected the case of the petitioner on the ground that the handicap suffered by the petitioner was concerning his hearing and not of full body. It was also noticed that the petitioner was working as a Reader and due to the disability of hearing, the court work will suffer. The extension accordingly was denied to the petitioner. He, therefore, filed this writ petition before this court making a prayer for grant of extension and right to serve till completion of 60 years of age.
(3.) The petitioner had been made to retire on completion of 58 years on 31.8.2009. He had approached this court before the date of his retirement. Notice was issued and the pleadings have been completed. The case was heard on 10.9.2010 and this court passed the following order:- The petitioner concededly is suffering handicap of 71% as assessed by the Medical Board constituted by PGIMS, Rohtak. The petitioner was working as a Reader with the Additional District & Sessions Judge, Karnal. He had accordingly prayed for extension of his age from 58 years to 60 years in terms of the instructions issued by the Government of Haryana. The present writ petition has been filed only by impleading the High Court of Punjab and Haryana as respondents. State of Haryana has not been impleaded as a respondent party. Since the petitioner is an employee of State, it is appropriate to implead the State as a party.;