person does not acquire or suffer disability by choice. An employee, who acquires disability during his service, is sought to be protected under Section ... with "Persons with disability". Section 47 alone deals with "an employee who acquires a disability during his service". The said provision
terms 'disability' and 'person with disability' and held that Section 47 contemplates a disability acquired during service. Shivaraj Patil, J., speaking ... Disability" and "Persons with Disability" and ultimately held that Section 47 of the Act contemplates a disability acquired during service. In view
that person does not acquire or suffer disability by choice. An employee, who acquires disability during his service, is sought to be protected under Section ... casting statutory obligation on the employer to protect an employee acquiring disability during service. "
(emphasis added)
17. As to the obligation of the Department
person does not acquire or suffer disability by choice. An employee, who
acquires disability during his service, is sought to be protected under Section ... protect an employee acquiring disability during service."
5. Therefore the protection of the service condition of a disabled person
has become a mandate
locomotor disability;
(vi)mental retardation;
(vii)mental illness."
9. The petitioner is a person, who claims to have acquired disability during his service ... person does not acquire or suffer disability by choice. An employee, who acquires disability during his service, is sought to be protected under Section
Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 for the persons who become disabled during service, such a settlement arrived ... 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
should not be discharged from service on account of disablement. The petitioner
sent a reply, dated 17.3.1999. However, notwithstanding his request for an
alternate employment ... made above, the action of the Board in
terminating the service of the disabled employee (Appellant 1) with effect from
21-3-1997 must
relief in terms of Section 47 of Disabilities Act. Section 47 of the Disabilities Act reads as follows:-
"47. Non-discrimination in Government employment ... 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
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 ... ground of medical disability. The said section not only prohibits discharging a disabled person from the service, but also mandates the establishment to shift
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 ... disability and not suitable for the post in which he is working, he has to be shifted to some other post with the same service
