Last Updated on April 17, 2019 by Legalseva.net
Job Extension of two Years can be granted to PWD (Person with Disability) Teachers
For the benefit of physically challenged employees, the government has issued many guidelines. Extension of the job was one of those guidelines. Recently a case was raised.
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Facts of the case
- Teachers having a disability in Panjab University and its affiliated colleges can now get the job extension of 2 years.
- This matter will be discussed in the approaching syndicate meeting. Punjab government has given this service to its employees and on that basis, the college teacher Dr. Madhu Kataria has demanded that she should get two years of job extension after her 60 years of age.
- Before this, Prof. Vijay Nagpal of the Department of Laws of the Panjab University too raised the issue but at that time, Syndicate abolished the matter by saying that Punjab government has given this two years extension after the age of 58 to the government employees.
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- However, it is already 60 years. Dr. Madhu Kataria has taken the support of other cases where an extension of two years is given after 60 years.
- In this matter, the university can take this issue forward as a policy. In the syndicate meeting, affiliation to DAV Management Institute will also be raised.
- This affiliation is demanded for the year 2018-19. The college affiliation team had given it to the college temporary for 3 months and asked them to make the compliance.
- But the college has not completed the necessary requirements till now. The college has written a note along with supplementary agenda that if the affiliation is not granted to the college then that could be dangerous for the already admitted students.
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Earlier, it was held in Bhupinder Singh’s case (supra) that the retirement age of physically handicapped persons as defined under Section 2(i) of the Disability Act, 1995, all physically disabled persons would be entitled to the benefit of extension in retirement age from 58 to 60 years.
In the year 2015, a case was brought up at Punjab and Haryana High court, in Dr.Jagjivan Singh v. State of Punjab and others, The petitioner approached the Court by way of filing the present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to extend the date of his retirement upto the age of 61 and 62 years in pursuance of circulars issued by the respondent — State as same benefit has already been extended to other similarly situated employees. A further prayer has also been made to the effect that letter dated 22.12.2014 (Annexure P-7) be declared as discriminatory and violative to provisions of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short ‘the Disability Act, 1995’) and also to the effect that the benefit of said letter should not be limited to blind persons only. This appeal was allowed by the respected court.
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Also a few years back, the Punjab government issued some set of guidelines regarding the two-year extension to employees after the age of retirement. These new instructions have been issued overriding the earlier guidelines that were issued in January 2015.
According to those guidelines, the extension in the service would not be granted to those employees who have already been either charge sheeted under rule 8 of Punjab Civil Services (Punishment & Appeal) Act, 1970.
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It has been said that those employees who have already been awarded a penalty which have an impact on their retirement day or those who have been awarded major penalty before three years of their retirement would not be given the extension. The spokesperson said that all the employees will not be eligible for the extension after the age of 58 years.
You must take the free legal advice of a good Service law expert lawyer Advocate/Lawyer practicing in CAT Tribunal Chandigarh, Punjab and Haryana High Court, Armed Forces Tribunal (AFT) or Punjab Education Tribunal Mohali before filing your case.
This post is written by Dipti Prakash of Punjab University. For more info on subject, please dial 99888-17966.
