VYAS, J. - (1.) THE instant petition has been filed by the petitioner - a visually handicapped person, praying therein that the impugned order dated 31. 12. 1997 (Annexure-P/6) may be quashed and set aside and the respondents may be directed to take him back on duty with all consequential benefits.
(2.) THE facts giving rise to the instant petition are that the petitioner is a visually handicapped person, i. e. , completely blind, but he is not blind by birth, but he became blind during the course of employment in October November, 1997. the case of the petitioner falls within the definition of Handicapped Person, as per the Persons With Disabilities (Equal Opportunities etc.) Act, 1995 (hereinafter referred to as `the Act, 1995' ). A Certificate to this effect dated 12. 11. 1997 (Annex. P/1) has also been issued by the Senior Specialist (Eyes) under the Rajasthan Employment of the Physically Handicapped Rules, 1976 (hereinafter referred to as `the Rules, 1976' ). The petitioner joined the service with the Respondents - Forest Department on 1. 4. 1983, as daily wage employee and since then, he has been working with the respondents as Cattle Guard. On 1. 4. 1986, he was declared semi-permanent by the Respondents. The petitioner is not having any appointment order etc. , but he is having two photo stat copies of the Seniority List prepared by the respondents at the level of the Deputy Conservator of Forest, Udaipur (South), which shows his date of birth, his date of appointment, his seniority, experience, education, post and place of posting etc. Partial photo stat copies of the provisional Seniority Lists are dated 29. 8. 1989 (Annexure-P/2) and dated 10. 12. 1990 (Annexure-P/3) respectively. The petitioner moved an application dated 24. 10. 1997 (Annexure-P/4) for medical leave stating therein that due to eye problem, he has to go for treatment in Udaipur hospital and that is why, leave may be sanctioned for 25. 10. 1997, 27. 10. 1997 to 29. 10. 1997 respectively. He also sought permission to avail of three days Gazetted leave dated 26. 10. 1997, 30. 10. 1997 and 31. 10. 1997, respectively along with the permission to leave Headquarters from the evening of 24. 10. 1997. This application was signed by the petitioner himself, as on that date, he was not completely blind. The petitioner remained hospitalized in the General hospital, Udaipur from 25. 10. 1997 to 10. 11. 1997 for treatment of his eyes. But, due to misfortune, the petitioner could not gain eye sight and he became absolute blind. In this regard, Certificate No. 10938 dated 12. 11. 1997 (Annexure-P/5) for medical leave/absent was issued by the General Hospital, Udaipur. Thereafter, when he was discharged from the hospital, he joined the duties with the Respondents along with the above Certificate dated 12. 11. 1997 (Annexure-P/5 ). But Respondent No. 2 passed an order dated 31. 12. 1997 (Annexure-P/6), by which, the services of the petitioner were terminated and he was ordered to be discharged from the afternoon of 25. 10. 1997. Being aggrieved by the impugned order dated 31. 12. 1997 (Annexure-P/6), the petitioner has filed the instant petition.
(3.) IT is submitted by the learned counsel that the petitioner belongs to Scheduled Tribe, he is a blind man and he is not in a position to move freely, so, he has to depend on some-one. He knocked each and every door of the concerned officers, public person, i. e. , Panch, Sarpanch, M. L. A. etc. , time and again to resolve his grievance. Some applications were written on his behalf and he made his thumb impressions on the applications for resolving his grievance. But nothing has been done and no response to the petitioner's representation (Annexure-P/7) was given by the Authorities, although one order for payment of G. P. F. Amount was issued. It is further submitted by the learned counsel for the petitioner that as per Section 47 of the act, 1995, no establishment shall dispense with or reduce in rank, an employee who acquired disability during his service, neither promotion can be denied, nor he can be removed from the service, till the age of superannuation. If the suitable post is not available, then he has to be kept on a supernumerary post. It will be relevant to quote Section 47 of the Act, 1995, which reads as under:- " 47. Non-discrimination in Government employment: (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 Government 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 notifications, exempt any establishment from the provisions of this Section. " ;