HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITON No.22590 OF 2011 ORDER: The petitioner joined the service of the Singareni Collieries as an Attender on 01-12-1967. However, he was declared medically unfit by the Medical Board vide proceedings, dated 05-01-1998, and was retired from service, 11 years before he attains the age of superannuation. The grievance of the petitioner is that neither he was extended the benefit under Section 47 of the Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 (for short ‘the Act’) nor the benefit under circular, dated 11-12- 2009. The petitioner claims to have made representations from time to time. His grievance is that no action has been taken thereon. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 3. The material placed before this Court discloses that the petitioner was retired from service on medical grounds before he attains the age of superannuation. The Act provides for extension of benefit to the employees, who are declared as medically unfit. Learned Standing Counsel, however, submits that the Act does not apply to the employees of the Singareni Collieries. Even if the Act does not apply, there are many circulars and settlements that provide for extension of benefit to the persons who are retired on medical grounds. The petitioner had referred to some of them. There cannot be any justification on the part of the respondents in not extending the benefit to the petitioner for the past more than a decade. It amounts to not only violation of the rights assured to the petitioner under the circulars but also of fundamental rights under Article 21 of the Constitution of India. 4. Since the entire facts are not before this Court, it is felt appropriate to direct the respondents to examine the case of the petitioner and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order. In case, any orders are passed and no benefit is extended to the petitioner, it is made clear that on subsequent adjudication, the respondents shall be held liable to pay the amounts that may be determined with penal interest. 5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J September 16, 2011. Note: Issue C.C. in three (3) days. B/O. KTL