IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 7140 of 2008. Decided on 02.08.2010. _____________________________________________________ Devi Singh-II. …Petitioner. -Versus- Himachal Pradesh Road Transport Corporation and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1Yes. __________________________________________________________ For the petitioner. : None. For the respondents. : Mr. Adarsh Sharma, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner has been compulsorily retired after declaring him completely and permanently in-capacitated for further service as Driver as per office order dated 1st May, 2000. However, at the time of issuance of this office order, the respondents have not taken into consideration the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the law laid down by the Hon’ble Supreme Court in Kunal Singh Versus Union of India and another (2003) 4 Supreme Court Cases 524) 2. Consequently, the petition is allowed. Annexure PA, dated 01.05.2000 is quashed and set aside. The respondents are directed to consider the case of the petitioner in view of the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the law laid down in Kunal Singh’ s case (supra) within 1 Whether the reporters of the local papers may be allowed to see the judgment? Yes. a period of eight weeks from today. It is made clear that in case the petitioner is found suitable, he shall be entitled to all the monetary benefits. No costs. (Rajiv Sharma) Judge August 02, 2010. (bhupender)