IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8840 OF 2007 WRIT PETITION NO.8840 OF 2007 WRIT PETITION NO.8840 OF 2007 Rayat Shikshan Sanstha ..Petitioner. V/s. Bhanudas Shankar Wanve & Anr. ..Respondents. Mr.Milind Deshmukh for petitioner. Mr.Amogh Paralikar for respondent No.1. Mr.S.D.Rayrikar, A.G.P. for respondent-State. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 23RD JUNE, 2008. DATED : 23RD JUNE, 2008. DATED : 23RD JUNE, 2008. P.C. :- P.C. :- P.C. :- 1. This petition is filed to challenge the order passed by the Commissioner, Handicap Welfare Court on 27/2/2007. By the said order, complaint filed by the respondent No.1 has been allowed and the petitioner has been directed to appoint the respondent No.1 on a appropriate post considering his blindness. 2. The grievance of the petitioner is that the respondent No.1 had voluntarily sought retirement on account of his blindness and after the termination of the services of the respondent No.1, - = : 2 : = - his wife has been given appointment on compassionate basis and, therefore, the termination is in order. However, the Commissioner erroneously held that the respondent No.1 is liable to be reinstated in service. 3. In the light of the Judgment of the Apex Court in the case of Bhagwan Dass & Anr. V/s. Bhagwan Dass & Anr. V/s. Bhagwan Dass & Anr. V/s. Punjab State Electricity Board Punjab State Electricity Board Punjab State Electricity Board reported in 2008 AIR 2008 AIR 2008 AIR SCW 534 SCW 534 SCW 534, it is not possible to accept the contention of the petitioner. In the aforesaid case, the Apex Court had held that even if an employee seeks retirement on account of blindness, it is the obligation of the Management to comply with the provisions contained in the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act (1 of 1996). In view of the aforesaid Judgment of the Apex Court the findings recorded by the Commissioner cannot be faulted. In this view of the matter, there is no merit in the petition and the same is dismissed with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)