JAIKUMAR JAGANNATH KULKARNI Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2007-2-8
HIGH COURT OF BOMBAY (FROM: AURANGABAD)
Decided on February 20,2007

JAIKUMAR JAGANNATH KULKARNI Appellant
VERSUS
STATE OF MAHARASHTRA Respondents




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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