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2010 Supreme(HP) 44

DEEPAK GUPTA, V.K.AHUJA
H. P S. E. B – Appellant
Versus
BAZAR SINGH – Respondent


Advocates appeared:
For the Petitioners:Mr. Baldev Singh, Advocate.
For the Respondent:Ms. Anita Dogra vice Mr. Ramakant Sharma, Advocate.

JUDGMENT

Deepak Gupta, J.-This writ petition is directed against the order of the erstwhile H.P.State Administrative Tribunal directing the petitioner-H.P.State Electricity Board (here-in-after referred to as the Board) to give invalid/disability pension to the petitioner w.e.f.1.6.1994.

2. Briefly stated the facts of the case are that the respondent was engaged as Beldar/T-mate on daily wage basis in construction Sub Division, HPSEB, Jassur, District Kangra on 17.3.1980. He was regularized by the respondent Board on 12.4.1989. During the year 1993-94 the respondent did not keep good health and lost his eye sight. He was directed to appear before the Chief Medical Officer, Kangra, who was to determine whether the respondent was fit to remain in employment or had become permanently incapacitated from service. The Medical Board came to the conclusion and certified that the respondent had become completely and permanently incapacitated for service of any kind in the department due to his physical infirmity i.e. bilateral blindness. Keeping in view this certificate and the physical infirmity of the respondent the petitioner-Board issued a letter on 19.5.1994 retiring the applicant from




























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