IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No.14684 of 2007 Date of decision: 08.01.2009 Sohan Lal ...... Petitioner versus State of Haryana & others ..... Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Aman Bansal, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. Mr. Raman B. Garg, Advocate. for respondents No.2 & 3. **** AJAY TEWARI, J. (ORAL) Learned senior counsel has placed on record the letter dated 04.12.2008 from the Financial Commissioner & Principal Secretary to Govt. Haryana, Health Department vide which the certificate issued by the Medical Board, which was constituted to examine the disability of the petitioner, has been enclosed. As per this certificate dated 19.11.2008, the Medical Board consisted of the following members: i) Director, PGIMS, Rohtak Chairman ii)Sr. Prof. & Head Regional Institute of Opthalmology Member iii)Sr. Prof. & Head Deptt. Of Orthopaedics Member iv)Sr. Prof. & Head Deptt. Of Medicine Member v)Deputy Medical Superintendent Member The above said Board has computed the disability of the petitioner and found 70% disability as per Govt. instructions dated 01.06.2001 issued by the Ministry of the Health Govt. of CWP No.14684 of 2007 -2- India. Learned counsel for the petitioner has relied upon the decision of this Court in the case of Ram Chander Sheokand versus Sate of Haryana and others reported as 2007(2) RSJ page 259, wherein in a similar case the employee had 70% disability and this Court had set aside the retirement and granted him extension upto the age of 60 years as per instructions dated 31.01.2006. It is to be noticed that in the present case the petitioner was granted extension in service by order Annexure P- 3 but the same was withdrawn by order Annexure P-5. In the circumstances, the order Annexure P-5 is quashed and the order Annexure P-3 is affirmed. It is, therefore, declared that the petitioner would be deemed to have continued in service under order Annexure P-3. Consequently, the writ petition is allowed. No costs. January 08, 2009 (AJAY TEWARI) sonia JUDGE