1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2259 OF 2009 (Anil s/o Shravan Andraskar vs. Chief General Manager and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JUNE 18, 2009 Shri Dhawas, learned Counsel for the petitioner, states that petitioner was selected and appointed on the post of semi-skilled Artisan from the handicapped category. The petitioner submitted medical certificate issued by the Civil Surgeon showing that petitioner was suffering from 40% disability. It is contended that certificate of Civil Surgeon was authentic and, therefore, appointment of the petitioner was just and proper. It is submitted that at later point of time, petitioner was referred to the Medical Board of Indira Gandhi Medical College, which examined the petitioner and issued 2 certificate wherein disability is shown as 30%. It is submitted that to come within the handicapped category, minimum percentage of disability required is 40%. In view of the certificate issued by the Medical Board, the respondent Authorities terminated the service of the petitioner. It is contended that action of the respondent Authorities is arbitrary and cannot be sustained in law. We have considered the contentions of the learned Counsel for the petitioner and perused the medical certificate issued by the Medical Board. It is not in dispute that in order to come under the category of handicapped persons, minimum disability required is 40%. The appointment of the petitioner under the said category was made because of certificate of the Civil Surgeon. However, when the petitioner was examined by the Medical Board, the percentage of disability was found to be only 30% and, therefore, Medical Board issued certificate accordingly. In such circumstances, the respondents were justified in terminating the service of the petitioner, who was appointed from the handicapped category, since disability suffered by the petitioner 3 is less than the prescribed one. No case is made out for showing indulgence. The petition is dismissed. JUDGE JUDGE khj