IN THE COURT OF STATE COMMISSIONER FOR THE

PERSONS WITH DISABILITIES HARYANA, SOCIAL JUSTICE

AND EMPOWERMENT DEPARTMENT, ANTODAYA
BHAWAN, OPPOSITE COMMAND HOSPITAL, SECTOR 6,
PANCHKULA, Phone. No. 0172-2929467
Bansi Lal Jhorar, State President, Viklang Sangh Umang, Sirsa
…Petitioner
Vs.

State of Haryana through ACS-cum-Financial Commissioner Govt. of Haryana, Revenue

and Disaster Management Department, Haryana & another

…Respondents

Case No. CD-198/19

Fixed for: 16.11.2021
Proceeding dated 15.09.2021

Present: Petitioner in person through video conferencing.

Sh. Dharam Chand, Dealing Assistant for the respondents.

The representative for the respondents vide their Memo No. 993-Abhi-3-2021/6862,
Chandigarh, dated 14.09.2021, which is taken on record vide which an adjournment has been
sought for a period of two months on the ground that the clarification sought by the department
is pending with Chief Secretary to Government Haryana. The respondents are time and again
adopting the belatery tactics in the name of repeated clarifications which have already been
provided by Government of Haryana and on the other hand the valuable constitutional right of
the PwDs is being infringed by the respondents due to their lethargic attitude.

Hon’ble Supreme Court of India while decided CWP NO. 59 of 2021, titled as State of
Kerala and ors. Vs. Leesamma Joseph on 28.06.2021 has taken such lethargic attitude of the
concerned authorities very seriously and has directed to provide deemed date promotion to all
eligible PwD employees within a stipulated period.

On the perusal of the case file, it is found that the information sought under Section 82(b)
of RPwD Act, 2016 vide order 08.07.2021 has still not been submitted by the respondents which
is punishable under Section 93 of RPwD Act, 2016. The respondents are again directed to make
the compliance of order dated 08.07.2021 within a period of four weeks from today with an
advance copy of the information to the petitioner supported with duly sworn affidavit of the
competent authority stating therein that no other information other than provided has been
suppressed, so that the constitutional right of promotion of PwD employees may be ensured and
they may also get the fruits of the beneficial legislation enacted by Parliament of India within a
stipulated period.

The case is now adjourned to 16.11.2021 for filing of the aforesaid information.

Raj Kumar Makkad

State Commissioner for Persons with Disabilities, Haryana