CWP No.796 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision:11.03.2010 Manik Lal Verma Vs. State of Haryana and another CORAM: HON’BLE MR. JUSTICE PERMOD KOOHLI Present: Mr.PL Verma, Advocate, for the petitioner. Mr.RS Kundu, Addl.AG, Haryana, for the respondents. PERMOD KOHLI, J. (Oral): The petitioner is suffering from physical infirmity with 100% blindness. He was recommended for employment as Tabla Master by the Employment Exchange in the Government Girls High School, Gurgaon. He was appointed with effect from 16.12.1968. His services were regularized from 1.1.1979. The petitioner retired from service on attaining the age of superannuation on 31.08.2008. The petitioner has filed this petition claiming benefit of the government instructions dated 16.7.1992 as also the judgment of this Court dated 18.10.2001 passed in CWP No.18164 of 1999. Admittedly, the present petition has been filed after retirement. The government instructions relied upon provided for regularization. The relevant instructions reads as follows:- CWP No.796 of 2009 2 “11. Appointment of handicapped persons- Clarification. (i) Copy of C.S. Hr. No.42/6/90- 5GSI dt.16.7.92. I am directed to invite your attention to Haryana Govt. Notification No. GSR 30/Coiist./Art 309/82 dated 24.2.82 and No. GSR 61/Art./309/83, dated 20.9.1983, which inter-alia laid down that the S.S.S. Board, Haryana shall not be consulted in respect of appointment to such class-III posts as are to be filed by orthopaedically handicapped or deaf and dumb and blind persons and to state that inspite of this various departments have been sending their requisition to Subordinate Services Selection Board, Haryana, to fill up such class III posts on regular basis. It is, therefore, requested that Class III posts reserved for handicapped or deaf and dumb and blind persons which are of the purview of S.S.S. Board should be filled up on regular basis CWP No.796 of 2009 3 by the departments through Employment Exchange or after obtaining NAC from Employment Exchange by inviting applications directly through press.” In view of the above instructions, the appointment of Handicapped Persons who is suffering from Orthopaedically infirmity, deaf and dumb and blind can be appointed without consultation of the Subordinate Services Selection Board against Class-III posts on regular basis through employment exchange or after obtaining NAC from employment exchange by inviting applications directly through press. The petitioner was appointed through employment exchange in the year 1968. His services were regularized in the year 1979 much before these instructions came into existence. The petitioner has already retired from service. Thus, no benefit can be granted to the petitioner on the basis of the instructions which operates prospectively. In so far as the judgment relied upon is concerned, the writ petitioners in CWP No.18164 of 1999 were appointed after the government instructions came into operation and, thus, this Court granted the benefit to them. In view of the above circumstances, no benefit can be granted to the petitioner on the basis of the instructions and the judgment referred above. However, it is made clear that ad hoc CWP No.796 of 2009 4 service rendered by the petitioner is to be taken into consideration and counted towards qualifying period of service for the purpose of grant of pension and other retiral benefits, if already not granted. 11.3.2010 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO