- (1.) This judgment shall dispose of cases bearing CWP No.27669 of 2013 & COCP No.1628 of 2014, involving common questions of law and facts. However, to dictate orders, facts have been taken from CWP No.27669 of 2013 titled Mahipal Vs. Food Corporation of India & others. Challenge in the present writ petition is to the order dated 06.12.2013 (Annexure P7) whereby the petitioner was pre-retired from the services of the respondent-Corporation on medical grounds due to his 70% disability on account of losing his left leg in a road accident and was, accordingly, declared unfit for handling work.
(2.) The pleaded case of the petitioner is that he was appointed as Handling Worker since 1991 with respondent No.3 and was due to retire in December, 2014. The left leg of the petitioner was amputated from the knee level as he met with a road accident on 12.01.2011 and was operated on 15.01.2011 at the Arthemis Health Institute, Sector 51, Gurgaon. He suffered 70% permanent locomotive disability, as per the Disability Certificate issued by the Medical Board, Government Hospital, Kaithal. He submitted his joining report on 25.05.2011 and requested for light duty, in view of his disability, which request was repeated on 06.08.2011. Representation dated 02.07.2013 was also moved to the same effect and he was asked for the supply of Disability Certificate on 23.01.2012. Thereafter, the impugned order was passed whereby he was preretired on medical grounds.
(3.) Reliance was placed upon the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, the '1995 Act'), to submit that Section 47 prohibited dispensing with the service of a person who acquires disability during service and that he could be shifted to some other post with the same pay scale and service benefits and further that if it is not possible to adjust, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. Reliance was also placed upon the judgment in CWP No.20786 of 2010 titled Banarsi Dass Vs. Food Corporation of India & others, pertaining to the respondent-Corporation, decided on 22.11.2013 (Annexure P8).;