IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.9164 of 1999 Date of Decision: May 28, 2009 Dev Paul .....PETITIONER(S) VERSUS Administrator, U.T. Administration, Chandigarh & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - None for the petitioner. Ms. Manpreet Kaur, Advocate, for Mrs. Lisa Gill, Advocate, for the respondents. . . . AJAI LAMBA, J (Oral) The prayer made in this civil writ petition is for issuance of a writ in the nature of mandamus directing the respondents to consider the case of the petitioner for appointment as Peon or Chowkidar on the basis of equities in the eyes of law. It has been pleaded in the petition that the petitioner is physically challenged. He is registered with the regional Employment Exchange. The petitioner has a right to appointment on priority basis on account of his physical disability. The petitioner has approached various CWP No.9164 of 1999 [2] authorities including the Deputy Commissioner with his grievance. It has further been pleaded that despite best efforts, the petitioner has not been able to get any job. Vide Order dated 13.7.2000, direction was issued to the respondents to file an affidavit as to what steps have been taken in order to implement the provisions of “Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”. The affidavit has been filed by Shri M. Ramsekhar, IAS, Deputy Commissioner, Chandigarh, sworn on 1.8.2000 with the following contents (relevant):- “3. That the deponent humbly submits that since 1995, when the Act came into force, there has been no recruitment on post of Group `D’ in the Deputy Commissioner’s office and therefore, question of recruitment of the candidates covered under Act.No.1 of 1996 does not arise. 4. That in order to implement the provisions of Persons with Disabilities (Equal opportunities and Full Participation) Act, 1995, the Chandigarh Administration vide notification dated 27th August, 1997 appointed the Secretary, Social Welfare, Chandigarh Administration as a Commissioner under sub-section (1) read with sub-section (4) of Section 60 of the said Act. Copy of the notification R 1/1 is attached. 5. That thereafter vide another notification dated 17.12.1997 a Committee has been constituted to determine the nature of vacancies which can be given to disabled persons and to recommend a particular person against a particular vacancies notification by the Appointing Authority. Copy of the notification R 1/2 is attached. 6 That vide another notification dated 26.11.1998, copy attached as Annexure R 1/3, the Administrator U.T. Chandigarh has constituted the State Executive Committee under sub-section (1) and (2) of Section 19 of the Act ibid. Meetings of the committee have been convened. 7. That vide another notification dated 31st march, 1999, the Director Social Welfare, Chandigarh CWP No.9164 of 1999 [3] Administration has been appointed as a Competent Authority for issuing certificates of recognition to establish and maintain institutions for persons with disabilities in the Union Territory of Chandigarh. Copy of the notification is attached as R 1/4. 8. That it is also respectfully submitted that in order to ensure that the provisions of the Act are complied with, the Chandigarh Administration has already issued instructions to all the Administrative Secretaries and Head of Departments for reservation of posts for physically handicapped persons under the provisions of the Act. The letters dated 27.10.1999 and 13.06.2000 issued in this respect are enclosed herewith as Annexures R 1/5 and R 1/6. 9. That it may be submitted here that as provided under Section 34 special employment exchange has been established in the Union Territory of Chandigarh where the disabled persons covered under the said Act can get themselves registered for employment assistance. 10. The Chandigarh Administration has notified a scheme for payment of unemployment allowance to disabled unemployed persons awaiting for their employment. Similarly Chandigarh Administration has notified a scheme for payment of scholarship to disabled students. In addition to these, facilities of free local travel for blind persons, monthly pension of Rs.200/-, financial aid for prosthetic aid/appliances to the extent of Rs.20,000/- for aid/appliance are also available. A scheme for imparting free vocational training to disabled persons has also been introduced and seven disabled boys/girls are getting computer training under this scheme presently.” This petition is disposed of with direction to the respondents to consider the case of the petitioner within the parameters laid down by the respondent-administration as given out in the affidavit. The respondents would be required to consider the case of the petitioner for giving him employment. The respondents are further directed that the case of the petitioner, in case the same CWP No.9164 of 1999 [4] has not been dealt with and treated under para 10 of the affidavit as extracted above, the same be done within a period of two months of receipt of a certified copy of this order. In case, the benefits as permissible under such provisions have not been released, the needful be done. (AJAI LAMBA) May 28, 2009 JUDGE avin