IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 5174 of 2008 Date of Decision: 2.2.2009. Jagir Singh ---Petitioner Vs. Punjab State Electricity Board & others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Ms. Veena Kumari, Advocate for the petitioner. Mr. Sukhbir Singh, Advocate for the respondents. *** PERMOD KOHLI.J (ORAL) Petitioner joined the service of Punjab State Electricity Board as Assistant Line Man on 14.12.1967. In the year 1997 he suffered serious eye ailment due to electric spark and he was totally visually impaired and turned blind. This fact was confirmed by the Medical Board, which examined the petitioner. A certificate from the Civil Surgeon, Ludhiana dated 5.6.2003 has been placed on record as Annexure P-1. On the basis of this incapacity, he was retired from service w.e.f. 31.3.2006. It appears that the State Govt. Department of Personnel vide its clarificatory letter dated 17.1.2001 communicated to all the departments that the retirement age of the blind State Govt. employees has been raised from 58 years to 60 years subject to their being declared physically and mentally fit for further service after the age of 58 years by the Civil Surgeon of the district concerned. The petitioner requested the respondents to allow him to work upto the age of 60 years vide his representation dated 29.4.2006 and another representation CWP No. 5174 of 2008 -2- dated 5.6.2006 to the Chairperson. The petitioner also approached office of Commissioner of Persons with Disabilities vide his letter dated 19.2.2007 (Annexure P-10/T). While forwarding the representation of the petitioner for allowing him to work after the age of 58 asked for report. It appears that in the meantime P.S.E.B sought opinion of the Govt. whether the petitioner, who suffered disability (blindness) during service is also entitled to the benefit of the Govt. Policy regarding enhancement of the age. This fact was clarified by the Govt. vide its letter dated 18.9.2007 addressed to the Chief Engineer, P.S.E.B., Ludhiana (Annexure P-11/T). It was communicated that there is no distinction between an employee, who was blind before joining the service or who acquired disability during the service. On the basis of the aforesaid clarification petitioner was taken back to duty vide order dated 7.11.2007 and petitioner rejoined his duty on 20.11.2007. He was due to retire on 31.3.2008 and has since retired. The only dispute in the present petition is regarding payment of salary w.e.f. 1.4.2006 to 20.11.2007 and consequential retiral benefits. Since the petitioner was kept away from service by the respondents without any lawful and valid basis and on realizing their mistake, he was taken back, he is entitled to the salary for the period he remained out of service. Salary for the period w.e.f. 1.4.2006 to 20.11.2007 is thus payable to the petitioner. Learned counsel for the petitioner submits that his retiral benefits have not been settled even though the petitioner retired on 31.3.2008. In the above circumstances, this petition is disposed of with the directions to the respondents to pay the salary to the petitioner for the period w.e.f. 1.4.2006 to 20.11.2007 within a period of two months from the date certified copy of this order is furnished to respondent no.2. The petitioner CWP No. 5174 of 2008 -3- shall complete his pension papers within one month and his retiral benefits shall be settled and released within three months from the date of completion of the pension papers, failing which the petitioner shall be entitled to the interest @ 6%. (PERMOD KOHLI) JUDGE 2.2.2009 lucky