1. The petitioner has moved this petition under Article 226 of the Constitution of India for direction to the respondents to treat the service of the petitioner to be continued service and to pay him back wages.

2. The following are the facts noticed from the petition.

2.1 The petitioner joined as Assistant Teacher (P.T.) in Shri N. K. T. Jalaram Vidyalaya and K. K. Pandit Higher Secondary School represented through its principal – respondent No.1 on 05.01.1990. He continuously served up to 10.02.2003. On 10.02.2003, the petitioner suffered paralytic attack and was admitted in the hospital. He was issued certificate dated 15.11.2006 by President, Standing Medical Board, Civil Hospital, Ahmedabad declaring him to be completely and permanently incapacitated for further service of any kind in the department to which he belongs. The said certificate is produced at Annexure – B. It is the case of the petitioner that pursuant to the said certificate, the petitioner was compelled to retire by the school when the petitioner was under treatment. It is further case of the petitioner that after the petitioner was discharged from hospital, he requested the respondents to reinstate him in service, but all his efforts failed. He, therefore, approached the Court of Commissioner for Handicapped Persons (hereafter be referred to as “the Court of Commissioner”). The Court of Commissioner, after hearing the respondents came to the conclusion that the petitioner acquired disability and has become physically handicapped during his service period. Therefore, under the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter be referred to as “the Act”), the Court of Commissioner directed the respondents to give benefits available to the petitioner and to give him the work and duty in consonance with disability acquired by him. The Court of Commissioner further directed that date from which the salary of the petitioner was stopped, he will be paid his salary from the said date and his services shall be treated as continuous service. The respondents were further directed to sanction all bills of the petitioner of his treatment and to grant special leave to the petitioner for the purpose of the treatment. The respondents were also directed to credit all his leaves from 19.03.2004 in his account except the medical leave. The petitioner was also permitted to select the place of service so as to enable him to stay with his family. The above order was passed by the Court of Commissioner on 25.02.2008.

3. Since the above said order was not complied with, the petitioner had filed Contempt Petition before this Court being Misc. Civil Application No.393 of 2009. In the said petition, the father of the petitioner had produced the copy of the communication dated 23.03.2009 addressed by the school to the District Education Officer, Himmatnagar intimating that the petitioner has been reinstated in service. In view of the said communication, the Court disposed of the Contempt Petition.

4. When the Contempt Petition was disposed of, the order of the Court of Commissioner as regards reinstatement was satisfied but other benefits available to the petitioner under the provisions of the Act as also as per the order of the Court of Commissioner remained to be paid to the petitioner and, therefore, the petitioner through his advocate issued legal notice dated 19.04.2010 calling upon the school to treat the service of the petitioner as continuous service and to pay him back wages. Since the petitioner was not given rest of the benefits, in due compliance with the order of the Court of Commissioner, the petitioner has filed this petition under Article 226 of the Constitution of India for directions as stated above.

5. This petition is opposed only by the respondent No.2 – District Education Officer, Sabarkantha. It is required to be noted that the respondent No.2 and other