IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.4 of 2010 (O&M) Date of decision: 8.1.2010 The State of Haryana & others. -----Appellants Vs. Suresh Chander. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. M.S. Sindhu, Addl.A.G., Haryana for appellants. --- ORDER: 1. This appeal has been preferred against judgment of learned Single Judge, directing consideration of case of the respondent in the light of provisions of Section 47 of the Persons with Disability (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 (for short, “the Act”). 2. The respondent was working as Junior Engineer with the State of Haryana. He met with an accident on 27.7.2006, on account of which he became incapacitated. Since his salary was stopped, he approached this Court under Article 226 of the Constitution, invoking provisions of Section 47 of the Act, which provide for continuing a person who suffers disability while in LPA No.4 of 2010 service till superannuation or adjusting him to an alternative suitable post. This claim was contested on the ground that there was no other suitable post on which he could work and in such a situation, only disability pension was admissible under the provisions of the Haryana Civil Services Rules. Learned Single Judge held that provisions of Section 47 of the Act being mandatory, as held by the Hon’ble Supreme Court in Kunal Singh v. Union of India and another AIR 2003 SC 1623, the said provisions had to be given effect to. Accordingly, direction was issued to consider the case of the respondent in accordance with the provisions of Section 47 of the Act. 3. We have heard learned counsel for the appellants. 4. In view of judgment of the Hon’ble Supreme Court in Kunal Singh (supra), we do not find any ground to interfere with the view taken by learned Single Judge. 5. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE January 08, 2010 ( ALOK SINGH ) ashwani JUDGE 2