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(vi) Section 47 (i) of the Act merely says "who acquires "a" disability during the service" not who acquires "any" disability. If liberal interpretation is given every person in the Corporation will try to take advantage of it, since he/she will be getting the same scale of pay without any much work.
(vii) If wider interpretation is given there will be a long queue claiming disability. Further, liberal interpretation to Section 47 will cause havoc among the employees and there will be demotivation among the employees.
47.Non-discrimination in Government employment:1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service.

Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits.

Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

14. Having heard the learned Counsel for the appellant as well as the respondent on the above referred to contentions, namely as regards the distinctive application of Section 47 dehors the definition of 'disability' as found in Section 2(i), we find force in the submission of the learned Counsel for the appellant. As pointed out by the learned Counsel for the appellant, the law makers have used a different set of expressions in Section 47, which deals with an employee who "acquires a disability" in contra distinction to the expression "with disability" which has been used in the various provisions falling under Chapters IV to VII of the Act. On a close reading of such provisions contained in Chapters IV to VII, we could discern that the benefits which are conferred under those provisions are to be made available to persons who already suffer a disability. In other words, the two categories, namely a person 'with a disability' is always distinguishable from a person who later on 'acquires a disability'. Viewed in that respect, it will have to be held that the expression 'disability' used in Section 47 of the Act can, by no stretch of imagination, be equated with a case of a person 'with the disability'. Once the said distinction as between Section 47 and the various other provisions of the Act, in particular the provisions falling under Chapters IV to VII, is understood, then the stand of the appellant can be better appreciated. A close reading of Section 47 of the Act would show that the benefit granted under the said provision was to be conferred on a serving employee in an establishment who acquires a 'disability' during such service. When such 'disability' was acquired by him during his service, the Parliament thought it fit to ensure that his service is not in any way affected because of acquisition of such a 'disability' and with that view directed that he should be shifted to some other post with the same pay scale and service benefits and in the event of such alternate post not being available, to create a supernumerary post until a suitable post is available or till he attains the age of superannuation. Sub-section (2) of Section 47 goes one step further and stipulates that no promotion should also be denied to a person merely on the ground of his disability. A further reading of the last proviso to Section 47 disclose that it is for the appropriate Government to take note of the type of work carried on in any establishment and issue a notification exempting such establishment from the provisions of the said Section 47, subject to such conditions if any. Therefore, unless and otherwise such a specific notification exempting an establishment depending upon the nature and type of work of that establishment is issued, no other establishment covered by the provisions of the Act can take a different stand.

19. Therefore, as argued by the learned Counsel for the appellant, while the provisions contained in Chapters IV to VII of the Act deals with "Persons with disability" Section 47 alone deals with " an employee who acquires a disability during his service". The said provision clearly says that no establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service which means that the person who is employed in an establishment when he acquires a disability, his services cannot be dispensed with or there should be any reduction in rank. Further, the proviso to the said Section clearly states that if he is not suitable for the post he could be shifted to some other post with the same scale of pay and benefits. If it is not possible, he could be kept on a supernumerary post until a post is available or he attains the age of superannuation whichever is earlier. The said provision further states that no promotion shall be denied to any person merely on the ground of his disability. Thus, if we apply Section 47 of the said Act, the order of discharge passed by the respondent dated 26.03.2002 has no leg to stand.