An employee who acquires a disability during service is entitled to be shifted to another post with the same pay scale and service benefits, including seniority, as mandated by Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

JUDGMENT

Tarlok Singh Chauhan, J. - The instant petition has been filed for grant of the following reliefs:-

"(a) That, impugned order dated 4.7.2015 annexure A-10 may kindly be quashed and set aside.

(b) That the seniority of the clerks/Junior Assistants, as it stood on 1.11.2013, showing the applicant at Sr. No. 41 may kindly be ordered to be corrected by showing the applicant at Sr. 34 by correcting date of appointment as 2.4.1998 in place of 5.2.2000. Further, consequently, the applicant be deemed to have been promoted on the basis such corrected seniority list of Clerks/Junior Assistants, to the post of Senior Assistant, by determining due date from which he would have been promoted as Senior Assistant, in case he is granted seniority as Clerk/Junior Assistant from 2.4.1998, in place of 5.2.2000.

(c) That in pursuance to above relief, the seniority list of the Senior Assistants may also be modified showing applicant at appropriate place in the seniority list of Senior Assistants, with all consequential benefits."

2. The undisputed facts are that the petitioner was enlisted as Constable on 02.04.1998 in 3rd IRBn. Pandoh and was sent for basic recruit training at PTC, Daroh, on 06.04.1998. During training, the petitioner met with an accident in November, 1998 and received injury in his right leg which incapacitated him for the job of police Constable. The petitioner could not complete his training due to the accident and the Board of Director, Zonal Hospital, Mandi, declared him fit only for desk duty. Since, there was no provision in R&P Rules for conversion of a Constable to the post of Clerk, therefore, taking compassionate view of the matter, the case of the petitioner was referred to the Government for giving necessary relaxation in the R&P Rules for the adjustment of the petitioner to the post of Clerk vide letter dated 29.06.1999. The Government, in turn, vide its letter dated 30.11.1999 agreed to adjust/appoint the petitioner as Clerk against next available vacancy in the department in light of instructions issued by the Department of Personnel vide letter dated 02.08.1999.

3. Accordingly, office order dated 11.01.2000 for adjustment/appointment of the petitioner from the post of Constable to the post of Clerk was issued. As per the terms and conditions, it was specifically mentioned in the orders that the seniority of the petitioner would be reckoned from the date of joining as Clerk. The petitioner accordingly joined. Thereafter provisional seniority of Clerks was issued on 01.11.2013 whereby the petitioner was shown at Sr. No. 41, however, the petitioner did not choose to make any representation.

4. However, thereafter, the petitioner submitted a representation dated 27.02.2015 which was sent to the Government for necessary clarification vide letter dated 18.04.2015 and the Government, in turn, clarified as follows:-

"No. Home (A) B(14)-1/2009-Loose Government of Himachal Pradesh

"Home Department"

To

The Director General of Police, Himachal Pradesh, Shimla-171002.

Dated Shimla-171002-the 4-7-2015

Subject:- Representation of Sh. Surjeet Singh, Jr. Asstt. State CID, Shimla with regard to seniority.

Sir,

I am directed to your office letter No. P-III (1) SL Cik./07-II-9489 dated 18-04-2015 on the subject cited above and to say that matter has been examined in consultation with Department of Personnel, who have clarified that objective of Section 47 of "THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) Act, 1995 is related to non-discrimination of disabled persons in government employment who acquire a disability during service. Provisions of this Section have been adopted by the Government in toto. The Department of Personnel has further observed that the incumbent has been provided employment against other post with same pay scale in terms with provision of Section 47 of the Act ibid and seniority will be assigned to him from the date of joining in that cadre.

You are, therefore, req