respondent it is stated that the disabled employee
himself wanted to retire from service and, therefore, the provisions of Section
47 had no application ... made above, the action of the Board in
terminating the service of the disabled employee (Appellant 1) with effect from
21-3-1997 must
performing his duties due to some
physical infirmity/disability but The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation ... being a social legislation
for the welfare of employees who acquire disability during service, the Labour
Court held that the benefit of Section
Disabilities (Equal Opportunities, Protection of Rights And Full Participation) Act, 1995 (for short Disabilities Act) and to grant same scale of pay and other service ... made above, the action of the Board in terminating the service of the disabled employee (Appellant 1) with effect from 21-3-1997 must
said illness did not relate to the disability in
question. The disability is clearly relatable to the
episode which is duly admitted in the written ... into service, there will be presumption that the
disease is due to military service though on facts it
could be established that the disability existed
released from such service on
medical
grounds attributable to military service or
circumstances
beyond his control and awarded medical or other
disability
pension ... following categories, namely:-
(i) pension holders for continuous (embodied)
service;
(ii) persons with disability attributable to military
service; and
(iii) gallantry award winners
released from such service on medical grounds attributable to
military service/circumstances beyond his/her control and awarded
medical or other disability pension ... following categories, namely :- (a) Pension holders for
continuous embodied service, (b) Persons with disability attributable
to military service; and (c) Gallantry award winners. NOTE
percentage of disability
suffered by the appellant as 93.75%. This was statedly as per the
Government instructions. Because of this disability, the appellant was
entitled ... SECOND APPEAL NO.2277 OF 2008 :{ 2 }:
had rendered 16 years service. The disability assessed was issued
by Additional Deputy Inspector General of Police
with, or reduce in rank, an
employee who acquires a disability during his service. The
first proviso to the section provides that if an employee ... 32378 of 2016 -4-
who suffers a disability while in service in the same post or in
any other post with the same scale
Bagawan Dass (supra) was also a case where a disabled employee
was retired from service on his own request. Subsequently, he had sought
reinstatement ... expressed his desire to retire from
service on account of the disablement suffered. It was on that basis the
Apex Court granted relief in that
disability pension was
rejected vide order dated 8.7.1976 on the ground that disability was neither
attributable to nor aggravated by military service.
Learned Single Judge ... writ petitioner-respondent did not suffer from
any disability before entering into the service. Under Column No.2, the
disability has been named
