IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-31286-2024 DECIDED ON:19.12.2025 BRIJ BHUSHAN ...PETITIONER VERSUS STATE OF HARYANA AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. R.N. Lohan, Advocate for the petitioner Mr. Deepak Balyan, Addl. AG. Haryana ****

SANDEEP MOUDGIL, J Prayer

1. The jurisdiction of this Court has been invoked under Article 226/227 of the Constitution of India for issuance of a writ in nature of certiorari quashing the order dated 16.10.2024 the (P-8) and issued vide chargesheet memorandum dated 22.10.2024 (P-10) passed by the respondent No. 3 and for issuance of a writ in the nature of mandamus directing the respondents to retain the petitioner on some supernumerary post and also to retain the petitioner in service upto the age of 60 years and to grant all service benefits i.e. salary, allowances, promotion etc. alongwith all consequential benefits and for issuance of any other appropriate writ, order or direction as this Hon'ble Court may deem fit in the peculiar facts and circumstances of the case.

Brief Facts

2. The petitioner was initially appointed as Helper Painter in Haryana Roadways, Depot Jind on 01.10.1986, was regularised on 01.08.1995, and subsequently promoted as Painter on 20.05.2002, where he continues to be posted. During the course of service, the petitioner suffered a brain haemorrhage and has been assessed as 70% disabled by the Medical Board, Civil Surgeon, Jind, vide disability certificate dated 29.04.2024, along with issuance of a valid Unique Disability ID up to 29.04.2029. Owing to his severe disability, the petitioner is unable to perform duties of the post of Painter and cannot walk or stand properly.

3. Relying upon Section 20 of the Rights of Persons with Disabilities Act, 2016,(in short referred to as “The Act,2016”) Government of Haryana instructions dated 31.01.2006 and 06.07.2018, and judicial precedent, the petitioner claimed entitlement to retention on a supernumerary post with full service benefits, including salary and promotion, till the age of superannuation. A legal notice dated 03.05.2024 was served upon the respondents, but no action was taken, compelling the petitioner to file CWP No. 14840 of 2024, which was disposed of on 08.07.2024 with a direction to decide the legal notice.

4. Thereafter, respondent No. 3 rejected the petitioner’s claim vide order dated 16.10.2024 on the ground that the petitioner did not suffer from permanent disability, relying upon a departmental letter dated 11.07.2023 Despite knowledge of the petitioner’s medical condition and pending claim for accommodation, respondent No. 3 also issued a charge-sheet dated 22.10.2024 alleging unauthorised absence from duty w.e.f. 05.06.2024.

5. Aggrieved by the rejection of his claim, issuance of the charge- sheet, and denial of retention on a supernumerary post, the petitioner has approached this Court seeking quashing of the impugned order and charge- sheet and a direction to the respondents to retain him on a supernumerary post with all consequential service benefits till the age of superannuation.

Contentions On behalf of Petitioner

6. Learned counsel for the petitioner contends that the petitioner, a Painter in Haryana Roadways, suffered a brain haemorrhage resulting in 70% disability, rendering him unfit to perform his duties. The petitioner is entitled under Section 20 of the Act,2016 to retention on a suitable post or, if not possible, on a supernumerary post with full service benefits, including salary and promotion, until superannuation.

7. It is argued that the Haryana Government’s instructions dated 31.01.2006 and 06.07.2018 also support retention of disabled employees on supernumerary posts. The reliance by respondent No. 3 on the departmental letter dated 11.07.2023 is misplaced, as it relates to promotion reservation and does not override statutory provisions. The impugned order dated 16.10.2024 rejecting the petitioner’s claim and the charge-shee