2003 (2) TMI 475 - SC - Indian Laws

Summary

Issues involved:
The issues involved in this case are the validity and correctness of the order invalidating the appellant from service due to a disability, the applicability of Section 47 of the Persons with Disabilities Act, 1995, and the entitlement of the appellant to the benefits under the Act.

Validity and Correctness of Order:
The appellant, a Constable in the Special Service Bureau, was invalidated from service due to a left leg amputation following an injury. The High Court upheld the invalidation based on medical opinion. The appellant challenged the order, arguing for alternative duty based on his unblemished service. The appeal questions the arbitrariness of the order.

Applicability of Section 47 of the Act:
The appellant raised a specific ground based on Section 47 of the Act in the appeal. The Act defines "disability" and "persons with disability" separately. The appellant's disability falls under locomotor disability as per Section 2(i)(v) and Section 2(o) of the Act. The Act mandates non-discrimination in government employments for employees acquiring disabilities during service.

Entitlement to Benefits under the Act:
Section 47 of the Act prohibits establishments from dismissing or reducing an employee who acquires a disability during service. The Act aims to provide equal opportunities and protection of rights to persons with disabilities. The appellant, having acquired a disability during service, is entitled to the protection under Section 47, despite receiving invalidity pension under Rule 38 of the CCS Pension Rules.

The Supreme Court held that the appellant's disability falls under the Act's definition, and he is entitled to the benefits of Section 47. The Court emphasized the mandatory nature of Section 47, which protects employees acquiring disabilities during service. The Court rejected the argument that the appellant's permanent invalidity precludes him from Section 47 benefits, emphasizing the distinct definitions in the Act. The Court directed the respondents to provide relief to the appellant in accordance with Section 47 of the Act, setting aside the order invalidating his service.