Kuldip Singh vs State of Punjab and others

Tejinder Singh Dhindsa, J.—The petitioner asserts that he suffers from a disability element in excess of 40% and would be covered under the definition of disability as defined in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (herein after referred to as the 1995 Act). The State of Punjab had issued circulars dated 16.2.1996 and 17.1.2001 in terms of which a benefit of two years of service was extended to such employees, who suffered from the disability of blindness. It is not a matter of dispute that one Bhupinder Singh filed CWP No. 7233 of 2010 before this Court questioning the action of the State Govt. in confining such benefit of extension of two years in service to only such disabled persons, who are blind and thereby discriminating against other disabled persons, who suffer from the disabilities as defined under the 1995 Act. The aforementioned Bhupinder Singh was an orthopaedically handicapped person. The aforementioned writ petition came to be allowed by a Coordinate Bench of this Court in which it was concluded that all kinds of disabilities under the 1995 Act are to be treated equally and as such there cannot be any discrimination between persons suffering from one kind of disability or the other. The State of Punjab preferred L.P.A. No. 1719 of 2012 against the judgment dated 25.5.2011 passed in CWP No. 7233 of 2010 and the aforementioned L.P.A. has been dismissed in terms of judgment dated 25.9.2012. Learned counsel for the parties are ad idem that the controversy raised in the present writ petition would be covered in terms of judgment dated 25.5.2011 passed in CWP No. 7233 of 2010 titled as Bhupinder Singh Vs. State of Punjab & others.

On the statement made by learned counsel for the parties the present writ petition is allowed in terms of judgment passed in C.W.P. No. 7233 of 2010.