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
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
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
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
continuous service for a period if
he has, for that period, been in uninterrupted service, including service which
may be interrupted on account of sickness ... employee is due to
death or disablement:
4.(2) For every completed year of service or part thereof in excess of six
months, the employer
direct the respondents to reinstate the petitioner in service with continuity of service and other service benefits.
For Petitioner : Mr.S.Ayyathurai
For Respondents ... When he applied for a disability pension, he was informed that since disability did not arise out of his service, he was not eligible
that he did not suffer from any physical disability so as to be discharged from service. The petitioner once again went before the Government Hospital ... petitioner was not suffering from any disability. However on 30.03.1997, the Management discharged him from service by serving the discharge order dated 03.01.1997 which
employees in the guise of continuance of service. It is against the
public policy. Further it would disable the employer namely the 5th respondent
only for the purpose of pressing into service his argument based on Section 47 of the Disabilities Act, 1995.
7.The learned counsel also relied ... disability that he was absent and that it was wrong on the part of the first respondent university to dispense with his service. Nothing prevented
