CWP(T) No. 14449/2008 11.08.2011 Present: Mr. Inder Kumar vice Mr. Jagdish Thakur, Advocate, for the petitioner. Mr. Adarsh Sharma, Advocate, for the respondents Undisputedly, with respect to similarly situated persons respondents have been directed to suitably adjust/ accommodate the persons who were retired on medical grounds by taking into account the mandate of provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short the ‘Act’). One such judgment passed in Puran Dutt vs. Himachal Road Transport Corporation & Anr., CWP(T) No. 7979/2008 is placed on record. Directions were issued by the learned Single Judge of this Court by relying upon the decision rendered by the Apex Court in Kunal Singh vs. Union of India & Anr. (2003) 4 SCC 524. 2. Except for the point of limitation, it is not in dispute that the instant petitioner is similarly situated to the petitioner in Puran Dutt (supra). 3. Hence, I see no reason as to why similar treatment be also not meted out to the petitioner. 4. Petitioner was retired on medical grounds due to physical incapacity, which he suffered in the course of discharge of his duties. No doubt, impugned orders were passed on 9.4.1999 and 24.9.2001 and petitioner filed the instant O.A. before the erstwhile Himachal Pradesh Administrative Tribunal only on 26.4.2006, but however this fact by itself cannot be a ground for defeating the statutory rights of the petitioner particularly when the petitioner had earlier filed O.A.(D) No. 150 of 2000 before the erstwhile Himachal Pradesh Administrative Tribunal, which was disposed of in terms of order dated 25.7.2001. Petitioner has been diligently pursuing his remedies. It is not a case where petitioner has been sleeping over his rights. 5. That apart, respondents were duty bound to comply with the statutory provisions and were under an obligation towards its employees of disbursing benefits under the provisions of the Act. As such, present petition is allowed. Respondents are directed to take all consequential actions within a period of three months from the date of receipt of the certified copy of the judgment. Monetary benefits, if any, as may be found due and admissible be also released within the aforesaid period, failing which, thereafter petitioner shall be entitled to interest @9% per annum, which shall be recovered from the concerned erring official. 6. With the aforesaid observations, petition stands disposed off. August 11, 2011 ( Sanjay Karol ), (rana) Judge.