JUDGEMENT
Naresh H. Patil, J. -
(1.)Rule, returnable forthwith. Learned counsel
appearing for the respondents waive service. By
consent of both the sides, the matter is taken up for
final hearing.
(2.)The petitioner was appointed on 23-9-1985 as
Compounder in Primary Health Centre, Ambad, District
Jalna. By an order dated 24th January 2001 the
petitioner was declared as permanently incapacitated by
the Medical Board of the Government College and
Hospital, Aurangabad for rendering services as per rule
72(1) of the Maharashtra Civil Services (Pension) Rules
1982. The petitioner contends that the Medical Board
described the illness of the petitioner as chronic
Schizophrenia. A medical certificate of unfitness for
further service as per rule 72(1) of the Maharashtra
Civil Services (Pension) Rules, 1982 was issued on 24th
January 2001. Respondent No.2 by his order dated 3rd
March 2001 retired the petitioner compulsorily with
effect frown 30th January 2001 on the ground he was
medically unfit to perform duties as Compounder as per
certificate issued by the Medical Board.
(3.)The petitioner further contends that under the
provisions of Section 47 of the Persons with
Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act 1995 (hereinafter referred
to as "the Act of 1995") the petitioner's services
ought not to have been discontinued. In stead, the
petitioner ought to have been shifted to some other
post with same pay scale and service benefits and if
suitable post was not available he should have been
accommodated on a supernumerary post.
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