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HC directive in denial of Govt accommodation to visually impaired lawyer 10/31/2016 11:16:01 PM Early Times Report Jammu, Oct 31: High court judge B S Walia has quashed a government order, whereby the director estates had rejected the claims of a visually impaired lawyer for government accommodation on the ground that 5 pc discretionary quota for allotment of residential accommodation under Allotment of Government Accommodation Regulations, 2004, does not include persons with disabilities. After hearing the two sides, he quashed the government order No 216-Estt of October 21, 2013 and directed that the claim of petitioner Suraj Singh for residential accommodation be placed before the minister estates for taking a decision in accordance with the rules and regulations in the light of the interpretation given in this judgment within four weeks. The counsels for the petitioner submitted that the impugned government order was legally unsustainable for not taking into account the fact that the 5 pc discretionary quota for allotment of residential accommodation by the minister estates was not restricted to freedom fighters, ex-legislators and media persons only, but envisaged other persons also as was evident from clause (e) of paragraph 3 of the impugned order. It was a settled law that the word "includes" used in the interpretation clauses was to enlarge the meaning of the words or phrases occurring in the body of the statue and when so used, those words and phrases were to be construed as comprehending not only such things as they signify according to their nature and import but also those things which the interpretation clause 'declares that they shall include', Justice Walia said in support of this interpretation and relied upon a decision of the Supreme Court in CIT v/s Taj Mahal Hotel. Lauding the spirit of the visually impaired lawyer for venturing into legal profession, Justice Walia said it was all the more incumbent on the state government to ensure the implementation of the mandate of Disability Act by providing equal opportunity with regard to protection, maintenance, welfare and rehabilitation of persons who suffer from a disability. With these observations and directions, he quashed the impugned government order with a direction that the claim of petitioner for residential accommodation be placed before the minister estates for taking a decision in accordance with the rules and regulations in the light of the interpretation given in this judgment within four weeks from today. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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