The decision to continue an employee in service till the age of 60 years is dependent on the certification of being 70% or more physically disabled by the Medical Board.

ORDER

Arun Monga, J. (Oral). - Grievance of the petitioner, at the relevant time serving as Head Electrician, arises out of impugned order dated 31.03.2020 (Annexure P-l), whereby he has been retired from service with effect from 31.12.2019, allegedly by giving a complete short shrift to Rule 143 of Haryana Civil Services (General) Rules, 2016(for brevity, HCS Rules, 2016). Petitioner states that despite having full knowledge of his disability as certified vide Medical Certificate dated 25.03.2020 (Annexure P-ll), issued duly by Medical Board, PGIMS, Rohtak, whereby he was diagnosed with 75% disability in both the ears, the same was not taken into consideration.

2. Before adumbrating the case further, for ready reference relevant extract of Rule 143, ibid, is reproduced as under :

"143 Retirement on superannuation

(1) Except as otherwise provided in these rules every Government employee shall retire from service on afternoon of the last day of the month in which he attains the age of retirement prescribed for him or for the post held by him in substantive or officiating capacity as the case may be However a Government employee whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the prescribed age. The age of retirement on superannuation is fifty eight years for all groups of employees except the following for whom the same is sixty years

(i) Differently-abled employees having minimum degree of disability of 70 and above (Emphasis supplied)

(ii) Blind employees

(iii) Group-D employees and

(iv) Judicial Officers

No Government employee shall be retained in service after attaining the age of superannuation except in public interest and in exceptional circumstances without the approval of Council of Ministers,

xxx xxxx xxx

Note 3 A Government employee who becomes disabled while in service shall bring to the notice of his Head of Department minimum three months before attaining the age of 58 years. He shall be got examined from a Medical Board of the Post Graduate Institute of Medical and Science Rohtak to be headed by its Director. On receipt of medical report from the Board the appointing authority or the Head of Department whichever is higher shall take a final decision to grant or not to grant the extension in service to such physically disabled employee. "

2. A perusal of the above, leaves no manner of doubt, that persons serving with certain disabilities have been given special status on humanitarian grounds. Their age of retirement has been relaxed by two years i.e 58 years to 60 years. The only issue that survives for adjudication before this Court is whether or not petitioner suffers from genuine disability?

3. Qua being differently abled, positive stand taken in writ petition vide paras no.4 to 6 is that petitioner was first diagnosed with disability in the year2014, while he was in service. Vide a letter dated 09.05.2014 (Annexure P-3) Civil Surgeon, Jind intimated to General Manager, Haryana Roadways, Jind that the petitioner was diagnosed as below :

Deafness which is bilateral (Right Ear >100% and left ear 74% in total is 80% Eighty percent deaf"

4. Apart from the above intimation, 3 months prior to turning 58 years, the petitioner also represented the department that he continues to suffer from the aforesaid disability. He therefore, sought relaxation to continue upto 60 years, as per law. The said representations dated 29.08.2019 and 08.11.2019 are contained at Annexures P-6 and P-7, respectively. The receipt of aforesaid letter by the Civil Surgeon and the representations of petitioner are not denied by the department. However, what is controverted is that the petitioner ought to have intimated the department 03 months prior to his retirement that he continues to suffer from the said disability as per Note 3 of Rule 143, ibid. Petitioner did not do the needful, therefore, he is not entitled to relaxation. The stand of the department, I am af