Govt Employee Who Acquires Benchmark Disability During Service Can Extend Retirement Age Even If Not Appointed Under PwD Quota: HP High Court

The Himachal Pradesh High Court held that a government employee who acquires benchmark disability during service is entitled to the benefit of extended retirement age under the State's policy, even if he was not appointed under the handicapped quota.

Rejecting the State's contention, Justice Jyotsna Rewal Dua said: “Merely because a person suffers disability in service, offers no valid ground to discriminate him vis-a-vis the person, who was physically disabled and had been inducted into service under handicapped quota for purposes of fixing retirement age.”

In 1982, the petitioner was appointed as an Ayurvedic Medical Officer and was promoted to District Ayurvedic Officer later. During service, he acquired locomotor disability, which was assessed at 51% permanent physical impairment by the Medical Board at District Hospital Dharamshala in 2001.

In 2013, the State increased the retirement age for physically disabled government employees from 58 to 60 years through an office memorandum. However, when the petitioner turned 58 years, the the State retired him.

Aggrieved, the petitioner approached the High Court contending that he was not given the benefit of enhanced retirement age upto 60 years, which was to be given to persons with disabilities.

In response, the state submitted that the petitioner was not entitled to the benefit of extending the retirement age of persons with disabilities as he acquired disability during service. He was neither inducted into service as a person with physical disability nor against a post reserved for a physically challenged person.

The question before the Court was: Whether a person who acquired benchmark physical disability during service, but was not appointed under the handicapped quota, could be denied the benefit of extension in retirement age?

The Court remarked that the definition of disability under the Rights of Persons with Disabilities Act, 2016, includes locomotor disability and a “person with disability” as someone with not less than 40% disability certified by a medical authority.

Further, Section 20 of the Rights of Persons with Disabilities Act states that “No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service.”

Thus, the Court held that the disability will not cease to be disability just because a person suffered it during service and not prior to the appointment. 

Case Name: Dr. Daljit Singh v/s State of H.P. & Ors.

Case No.: CWP No. 3374 of 2024

Date of Decision: 30.07.2025

For the Petitioner: Mr.Virbahadur, Advocate.

For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General

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