Government staff who become disabled during service can get higher retirement age benefit

The Himachal Pradesh High Court has ruled that a government employee who develops a benchmark disability while in service is entitled to the benefit of an extended retirement age. This applies even if the person was not originally hired under the handicapped quota.

The petitioner was appointed in 1982 as an Ayurvedic Medical Officer and later promoted to District Ayurvedic Officer. In 2001, during his service, he developed a locomotor disability with 51% permanent impairment.

In 2013, the Himachal Pradesh government increased the retirement age for physically disabled employees from 58 to 60 years. However, when the petitioner turned 58, he was retired without being given the two-year extension.

The petitioner filed a petition in the Court. He said that he should have been allowed to work till 60, just like other employees with disabilities.

The State said that such benefits should only be given to employees who were physically disabled at the time of joining.

The State argued that he was not eligible because he wasn’t hired under the disabled quota and became disabled only after joining service.

The Court noted that under the Rights of Persons with Disabilities Act, 2016:

• Locomotor disability is recognised as a disability.
• Anyone with at least 40% disability, certified by a medical authority, is considered a “person with disability.”
• Section 20 of the Act says a government employee who becomes disabled during service cannot be removed or demoted because of it.

Based on this, the Court held that disability should be treated the same regardless of whether it existed before or developed during service. Therefore, the petitioner was entitled to the same benefit of extended retirement age as others with disabilities.

Download Court Order PDF (This PDF is available for Premium Users Only. Click here to join premium)