JAI PAL SINGH HOODA Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2008-2-414
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 19,2008

JAI PAL SINGH HOODA Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) The prayer made in this petition is for issuance of a direction to respondents Nos. 1 to 3 to raise the retirement age of the petitioner from 58 to 60 years on the ground that he is physically handicapped person. This claim is based on instructions dated January 31, 2006 (Annexure P-1) issued by the Chief Secretary to Government, Haryana, Chandigarh and adopted by the Registrar, Co-operative Societies Haryana, Panchkula as per letter dated May 26, 2006 (Annexure P-2).
(2.) The petitioner had been working with the respondent-Bank on various posts and on attaining the age of 58 years, he was ordered to be retired with effect from June 30, 3007 from the post of Senior Accountant. The claim of the petitioner is that he could not have been retired at the age of 58 years because as per the instructions dated January 31, 2006 (Annexure P-1) issued ~ by the Government of Haryana and adopted by the Registrar, Co-operative Societies Haryana vide letter dated May 26, 2006 (Annexure P-2) the physically handicapped Class-III employees who possesses the minimum degree of disability of 70% will retire at the age of 60 years. The degree of disability of the petitioner is 70%. In support of his claim, the petitioner has placed on record the Certificate dated May 10, 2007 (Annexure P-4) issued by the Board Members of the Department of Orthopaedic, Post Graduate Institute of Medical Sciences, Rohtak (for short 'PGIMS'). He has also attached another Certificate dated June 06, 2007 (Annexure P-5) issued by the Board of Doctors at Civil Hospital, Rohtak.
(3.) In the reply filed by the Civil Surgeon, Rohtak (respondent No. 4) it has been stated that the petitioner was referred to expert Board of Orthopaedic Surgeons at PGIMS, Rohtak, for ascertaining the exact physical disability of the petitioner. The Board of three Orthopaedic Surgeons at PGIMS, Rohtak, after examining the petitioner, opined that he was having 70% physical disability.;


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