Gurmit Singh v. State Of Haryana And Others

117 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8169-2022 Date of Decision:22.04.2022 GURMIT SINGH

...Petitioner

Versus

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Ashok Tyagi, Advocate for the petitioner.

Mr. Sharan Sethi, Addl. A.G., Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to extend his services by two years i.e. from 58 to 60 years after attaining the age of superannuation on 28.02.2023.

2.

Learned counsel for the petitioner submits that the petitioner is an Ex-serviceman and retired from Army on 31.01.2013 after having served for 26 years. Thereafter, he joined the respondent-department on 18.09.2018 as Multi Purpose Health Worker (Male) (Group-C). Grievance of the petitioner is that he is a handicapped person having 60% disability. He submitted a representation to the respondent-department to extend his services for further two years after his superannuation at the age of 58 years as he is going to superannuate on 28.02.2023. Pursuant thereto, the petitioner was directed to get prepared the latest handicap certificate by Medical Board. However, the Medical Authority, Panchkula, Haryana issued certificate dated 14.03.2022 (Annexure P-6) rejecting the application for issuance of disability certificate of the petitioner. Hence, the instant petition. 3.

Learned State counsel, on advance service, joins proceedings and states that competent authority shall take appropriate decision on the pending representation dated 07.01.2022 (Annexure P-4). GURPREET KAUR 2022.04.22 19:04 I attest to the accuracy and integrity of this document

4.

At this stage, learned counsel for the petitioner also agrees that let a final decision is taken, either way, by the competent authority on the pending representation dated 07.01.2022 (Annexure P-4), giving reasons thereof.

5.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

6.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioner as per representation dated 07.01.2022 (Annexure P-4) and keeping in view the contention raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

7.

Let the needful be done within a period of two months from today.

8.

Disposed of accordingly.

(ARUN MONGA) JUDGE 22.04.2022 gurpreet Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2022.04.22 19:04 I attest to the accuracy and integrity of this document