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HC
speaks for disabled Govt staff
Times
News Network
New Delhi: In a major relief to the disabled
in government service, the Delhi high court has held
that a person can not be dismissed or retired on the
ground of medical invalidation and would be entitled
to all the service benefits, just like a fit person.
"Once
he (the disabled) is not found to be suitable for the
post he was holding, he can be shifted to some other
post but his pay and other benefits need to be protected,"
a Bench comprising Chief Justice S B Sinha and Justice
A K Sikri said. Referring to section 47 of the Persons
with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, the Bench observed
that the Act provides for social security for disabled
persons and if for the said purpose a statutory liability
has been thrust upon the employer, the same can not
be held arbitrary.
The
Bench dismissed an appeal by the Delhi Transport Corporation
(DTC) challenging the order of single Bench which had
directed the corporation to reinstate its driver, Sadh
Ram, who was compelled to leave the job after losing
vision in one eye. Advocate Ashok Agarwal, appearing
for the driver, contended the Act contains provisions
which prevails over the regulations framed by DTC and
the appellant (DTC) is debarred from terminating his
service.
On
January 28, Justice Sanjay Kishan Kaul had ordered DTC
to pay arrears, provide alternate job and treat the
dismissal period of Sadh Ram as service without break.
According
to the petition filed in the court, when Sadh Ram became
unfit for driving after his lost vision, his request
to provide an alternate position in the organisation
was turned down. Instead or providing him a job, DTC
dismissed him from service, allegedly in violation of
provisions of the Disabilities Act.
The
petitioner had joined DTC as driver in 1988 and in 1995
he developed some problem in the eye and he lost vision.
DTC dismissed him from service barely a month after
his discharge from the hospital.
Source: The Times of India
Dated: 20th September, 2002
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