Persons with disabilities are entitled to an extension of the retirement age from 58 to 60 years under the Persons with Disabilities Act 1995 and constitutional mandates, which override an employer's failure to formally adopt specific government instructions.

HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ or order in the nature of mandamus directing the respondents to comply with the instructions dated 19.11.2014 (Annexure P-3) of the Punjab Government with regard to the persons with disability (equal opportunities, protection of rights and full participation) Act 1955 (Central Act. No.1) of 1996 as per Rule 33 for enhancement of the retirement age from 58 years to 60 years. Further praying for granting extension of two years of service in view of the instructions dated 19.11.2014 (Annexure P-3) and to allow the petitioner to continue in service till attaining the age of 60 years. Lastly, prayed that the case of the petitioner is squarely covered by above said instructions (Annexure P-3) and in view of order dated 01.03.2017 (Annexure P-7) passed by Sangrur Central Cooperative Bank in case of Jasbir Singh, Assistant Manager.

2. Briefly, the facts are that the petitioner was appointed as a Sewadar with the respondent-Bank on 31.05.1991. He was also promoted to Clerk in August, 2001, followed by Accountant in September, 2014 and Assistant Manager in September, 2019. The petitioner is physically disabled to the extent of 60%, as reflected by disability certificate 08.05.1998 (Annexure P-2) issued by the Civil Surgeon, Amritsar. Vide impugned order dated 30.03.2024, the petitioner was retired from service on attaining the age of 58 years.

3. Learned counsel for the petitioner contends that the petitioner has been unjustly retired at the age of 58 years. The petitioner being 60% disabled is entitled to enhancement of retirement age to 60 years in terms of Instructions dated 19.11.2014 (Annexure P-3) issued by Government of Punjab. Learned counsel further submits that similarly situated employee to petitioner namely, Sh. Jasbir Singh was granted the benefit of enhancement in retirement age from 58 years to 60 years vide order dated 31.01.2017 (Annexure P-6), whereas, the petitioner has been relieved on attaining the age of 58 years i.e. on 30.03.2024. He further relies upon the judgment passed by this Court in Bhupinder Singh Vs. State of Punjab and others 2011(4) SCT 55, which has been upheld in LPA-1719-2011, titled as State of Punjab and others Versus Bhupinder Singh and others ’ decided on 25.09.2012 against which Civil Appeal No.8855-2014 (arising out of SLP No.10610-2013) titled as State of Punjab and others Vs. Bhupinder Singh has been filed which was disposed of vide order dated 16.03.2014, upholding the enhancement of retirement age of persons with disabilities from 58 years to 60 years. Learned counsel further relies upon the judgment passed by this Court in Harbhajan Singh Vs. State of Punjab and others , 2016(1) SCT 89 and CWP-30228-2025, Rupinder Singh Vs. State of Punjab and others , decided on 13.10.2025 to support his case. As such, in view of the settled law and admitted facts, the petitioner is entitled to continue service till he attains the age of 60 years.

4. Per contra, learned counsel for respondents No.4 to 6 produced the copy of decision dated 01.07.2024 passed by Board of Directors, whereby it has been resolved that the Bank has not adopted Instructions dated 19.11.2014 (Annexure P-3) regarding enhancement of retirement age of disabled employees from 58 to 60 years.