Disability case: HC slaps Rs1lakh cost on UHBVN

Chandigarh, January 18

The Punjab and Haryana High Court has slapped litigation cost of Rs 1 lakh on the Uttar Haryana Bijli Vitran Nigam (UHBVN) Ltd after holding that the conduct of the corporation and other respondents “has been appalling to say the least” in the case of an employee suffering disability.

Justice Arun Monga asserted the case was one where a welfare state ought to have shown its humanitarian side. The rap and the costs came on a petition filed against the Nigam and other respondents by Mohinder Puri through counsel Kapil Kakkar.

Justice Monga’s Bench was told that the petitioner was denied extension in service up to 60 in violation of the instructions dated January 31, 2006. The instructions made it clear that the normal retirement age of disabled Group ‘A’ to Group ‘D’ employees possessing minimum 70 per cent degree of disability was to be increased from 58 to 60.

Justice Monga added that it was made amply clear on a previous date of hearing that a speaking order was to be passed by the respondent through its managing director on the basis of medical certificate submitted by Chandigarh PGI, failing which he would be personally present in the Court. But counsel for the respondents stated that the speaking order was passed by a Superintending Engineer instead of the managing director. Justice Monga added that explanation had not been given for the managing director not passing the order in accordance with the directions.

In view of the disability suffered by the petitioner, Justice Monga directed the respondents to grant him the benefit of continuity in service till 60 along with consequential benefits within two months.— TNS