CWP no. 2499 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP no. 2499 of 2011 (O&M) Decided on : 01-11-2011 Rajender Singh ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Sumit Sangwan, Advocate for the petitioner Mr. Sunil Nehra, Sr. DAG, Haryana MAHESH GROVER, J The petitioner who is working as Driver with Haryana Roadways acquired a medical disability which rendered him unfit to perform his duties as a Driver. The petitioner invoked the provisions of Section 47 of the Persons with disabilities (Equal opportunities and protection of rights and full Participation) Act 1995 to contend that his services could not be dispensed with, in view of sub Section 3 of Section 47 of the said Act as he has acquired disability during service and that at best the respondents could have shifted him to some other post or given him some assignment which did not conflict with his disability. The respondents have submitted their reply and have expressed their helplessness to absorb the petitioner on some other assignment as the posts of Drivers and conductors of Haryana Roadways have been exempted from the provisions of said Act upon which reliance has been placed by the petitioner. Upon consideration of the matter, I find that the case of the CWP no. 2499 of 2011 (O&M) 2 petitioner is squarely covered against him in the judgment rendered by the Division Bench of this Court in case titled as Sardar Singh Vs. State ofHaryana and others reported as 2009(4) SCT 441 wherein the action of the respondents – State of Haryana in exempting a particular category of persons from the purview of the Act has been upheld. In view of the categoric observations made by Division Bench of this Court in para nos. 7 and 8 of the Sardar Singh's case (supra), I am of the considered opinion that the case of the petitioner for re-adjustment in some other assignment has been justifiably denied to him and hence the petition is held to be without any merit and is hereby dismissed. November 1, 2011 (Mahesh Grover) rekha Judge