person does not acquire or suffer disability by choice.
An employee, who acquires disability during his service, is
sought to be protected under Section ... person with disability.
.........
12. ...... Once it is held that the appellant has acquired
disability during his service and if found not suitable for the
post
Government employment-reduce in
rank, an employee who acquired a disability during service.
4 ARR,J
WP No.3498 of 2019
Provided that ... employee does not acquire or suffer
disability by choice. An employee, who acquired disability during his service,
is sought to be protected under Section
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 ... object of the Act was that an
employee, who acquired disability during his service,
was sought to be protected under Section
Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995 (for short, the Disabilities Act) and
would submit that a person suffering with disability ... disabilities into the social mainstream."
12. Section 2(i) of the Disabilities Act, defines 'disability'1.
According to this definition, disability means
Section 47 of the Act mandates, if
an employee acquires disability during his service, he shall not
be terminated from service but he could ... 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
Disabilities
Act, 2016 that no Government establishment shall
dispense with or reduce in rank, an employee who
acquires a disability during his or her service ... Disabilities Act,
2016 no Government establishment shall dispense with or
reduce in rank, an employee who acquires a disability
during his or her service; provided
Persons with Disabilities Act, 1995, which
mandates that no employee who acquires a disability during service
shall be dispensed with or reduced in rank ... relief.
11. It is not in dispute that the petitioner acquired disability
during service. The respondents have already accommodated him
in an alternative post. Denial
legislative
mandate is that an employee who acquires a disability during
service shall not be dispensed with or reduced in rank by the
establishment ... legislative mandate is that an employee who
acquires a disability during service shall not be dispensed with or
reduced in rank by the establishment
respondent
submits that while granting protection on account of disability earned
in service, the employee is entitled to same pay as drawn by him
before ... 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
from service
extending all benefits. Whereas, terms of NCWA, once an employee is
declared as medically unfit, he has to be retired from service ... Corporate Medical Board has
to indicate the nature of disability. Nature of disability has relevance,
having regard to the provisions of Employees Compensation
