DB directive in specially abled lawyer’s case

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, July 28: Division Bench of the State High Court comprising Justice Alok Aradhe and Justice Sanjeev Kumar has directed the Minister Incharge Estates Department to take decision with regard to providing Government accommodation to specially abled lawyer Suraj Singh within a period of four weeks from today by passing a speaker order.
When the matter came up for hearing, Government Advocate Ahtsham Bhat appearing for the Estates Department submitted that in fact Regulation 4(e) of the Regulations was amended by Government Order dated September 22, 2004 and this aspect of the matter was neither noticed by the Single Judge nor by the Division Bench.
On the other hand Advocate S C Gupta appearing for Advocate Suraj Singh submitted that the Government passed an order earlier in the year 2013 rejecting the claim of Advocate Suraj Singh under the un-amended provisions and therefore at this stage the Estates Department cannot be permitted to say that Regulation 4(e) was amended by order dated September 22, 2004.
Advocate Sheikh Shakeel Ahmed appearing for specially abled lawyer submitted that DB has already interpreted the provisions of the Disability Act and Articles 14 and 21 of the Constitution of India in favour of the petitioner and those observations are required to be considered by the Minister Estates while re-considering the case of the petitioner for entitlement to Government Accommodation.
After considering the submissions of both the sides, the Division Bench observed, “in the considered opinion of the court ends of justice would be made in case the review petition is disposed of with a direction to the Minister Incharge Estates to take a decision in accordance with the observations made in the judgment dated March 6, 2017 as well as to take into account Regulation 4(e) of the Regulations as amended by Government Order dated September 22, 2004 and take a decision with regard to the entitlement of the Advocate Suraj Singh (100% visually impaired) within a period of four weeks from today by passing a speaking order”.

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