IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No.8699 of 2007 Date of decision: February 3, 2009 Ram Kishan Sharma ... Petitioner Versus State of Haryana & others ... Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Pawan Gaur, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. Mr. Tribhuvan Dahiya, Advocate for respondent No.2. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J.(Oral) In this writ petition, the petitioner has challenged the order dated 27.04.2007 whereby he was retired on attaining the age of 58 years even though he was disabled. As per instructions dated 31.01.2006 (Annexure P-3), the age of retirement for disabled persons who possess the minimum degree of disability of 70% is 60 years. Learned counsel for the respondents have countered this fact by arguing that 1st Medical certificate which was submitted by the petitioner on completion of one year after the accident took place in the year 1999, do not show his disability to the extent of 70%. However, it is not disputed that later medical certificate issued by Civil Surgeon, Faridabad shows the disability of the petitioner as more than 72%. It is not unknown fact that disability can increase with age. CWP No.8699 of 2007 -2- In the circumstances, in my opinion, this is not a case where the claim of the petitioner could merely be rejected on the ground of an earlier medical certificate when respondents can ask the petitioner for undergoing fresh medical examination. With these observations, this writ is disposed off with a direction to the respondents to reconsider the case of petitioner as per Annexure P-3 within a period of two months from the date of receipt of certified copy of this order. Needless to say in case the petitioner is found entitled for extension in service, the same would be granted to him with all consequential benefits. The writ petition is disposed off. February 03, 2009 (AJAY TEWARI) sonia JUDGE