Bank Removed Disabled Employee from Service, Court orders Bank to reinstate Employee

The Punjab and Haryana High Court has set aside the retirement of Rupinder Singh, a senior manager at Punjab State Co-operative Bank, who has a 54% permanent disability, ruling that he is entitled to continue in service until the age of 60. Justice Harpreet Singh Brar allowed Singh’s petition, directing the competent authority to issue a fresh order within six weeks, ensuring he can continue working till the age of 60. But what happened? Why case was filed in court? let’s understand.

Background of the Case

Rupinder Singh joined Punjab State Co-operative Bank as a peon in 1986 and gradually got promoted to the post of senior manager. In 2007, Singh suffered a cervical spine injury in an accident, resulting in a 54% permanent physical disability. This was certified by the Government Medical College and Hospital, Chandigarh.

Despite his disability, Singh was promoted to manager in 2015 and later to senior manager under posts reserved for persons with disabilities, with the approval of the Registrar, Cooperative Societies, Punjab. However, the bank retired him at the age of 58, citing the Common Cadre Rules. He challenged this decision of the bank and argued that he was entitled to serve until 60 years, as per the government instructions issued on February 19, 2021, and the Rights of Persons with Disabilities (RPWD) Act, 2016.

Court Observations

The court noted that the government instructions extended the retirement age for employees with disabilities — including blindness, deafness, locomotor disability, cerebral palsy, and other conditions — from 58 to 60 years. Justice Brar emphasized that the protection of persons with disabilities is a constitutional duty, referencing the Twelfth Schedule which mandates safeguarding the interests of weaker sections of society, including the handicapped and mentally challenged.

Citing the Supreme Court judgment in State of Punjab vs Bhupinder Singh, the court clarified that the benefit of enhanced retirement age applies to all categories of disabilities, including locomotor disabilities.

“The rights of persons with disabilities are not a creation of statute but stem from the Constitution itself. Special treatment for such persons ensures equal opportunities and a life of dignity,” Justice Brar observed.

The court also noted that the Common Cadre Rules cannot be applied uniformly to regular and disabled employees if it disadvantages the latter. It emphasized that constitutional philosophy overrides service rules even if specific amendments are absent.

Finally, the Court set aside the retirement of Rupinder Singh and said that he is entitled to continue in service until the age of 60. The High Court’s ruling reinforces the constitutional rights of persons with disabilities and ensures that employees like Rupinder Singh are not unfairly retired before the age specified under government rules and disability laws.