S.S.NIJJAR.J. - (1.) The petitioner has approached this Court seeking a writ in the CWP 2384 OF 2005 /2/ nature of certiorari to quash the action of the respondents to retire him on the ground that he has been declared incapacitated during service.
(2.) The petitioner claims relief under Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Act').
(3.) Learned counsel for the petitioner submitted that the petitioner was a regular employee of the respondent-Nigam and while in the employment of the respondents, at the time of changing the transformer, he suffered an electric shock on 26.6.1999. The petitioner, thereafter, remained under treatment till 26.11.1999 in the PGIMS, Rohtak, whereafter he was declared unfit and retired from service vide order dated 7.4.2000 (Annexure P-1) w.e.f. 19.1.2000 on medical grounds as the official had been declared incapacitated for further service in the Nigam, as per Medical Certificate issued by the Special Medical Board, PGIMS, Rohtak, on 19.1.2000. Subsequently, vide order dated 29.8.2000 (Annexure P- 2), the petitioner was allowed to retire from service w.e.f. 22.8.2000 on medical grounds i.e. the petitioner having been declared incapacitated for further service with the respondents, as per the Medical Certificate issued by the Special Medical Board, PGIMS, Rohtak. The petitioner requested the respondents that his son be considered for employment in accordance with the instructions dated 17.9.1998 as also under the policy of the State of Haryana, which was applicable to the Nigam, dated 18.6.1998 as endorsed on 14.7.1998. The said instructions/policy has been placed on record as Annexure P-3 and it stipulates that a Special Medical Board has been constituted to examine Government employees, employees of the autonomous bodies and Boards under the Haryana Government, who become unfit for service in order to consider providing employment to the dependents of such employees. Claiming entitlement under the said policy, an application was made by Dharamjit son of Satbir Singh-petitioner.;