Section 47 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995
47. Non-discrimination in Government employment ... disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted
disability during
his service;
Provided that, if an employee, after
acquiring disability is not suitable for
the post he was holding, could be shifted ... appellant, his disability falls under Section 2(i)(v) ,
namely locomotor disability. What is meant by locomotor
disability is stated in Section 2(o) . There
disabilities. Chapter
VI relates to employment for persons with disabilities. It contains provisions
for identification of posts which could be reserved for persons with
disabilities ... disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for
the post he was holding, could be shifted
establishment shall dispense with or reduce in rank, an employee who acquires a disability ... during his or her service: Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted
establishment who acquires a 'disability' during such service. When such 'disability' was acquired by him during his service, the Parliament thought ... disabilities' which would disable a person from performing the work which he held immediately prior to acquisition of such 'disability' and thereby
prohibits dispensing with or reduction in rank of an employee who acquires disability during service. According to the learned Counsel such an employee after acquiring ... disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding could be shifted
definition of "locomotor disability" under Section 2(o) , does not cover the disability, which the petitioner had acquired.
5. For the disposal ... impairment; (v) locomotor disability; (vi) mental retardation; (viii) mental illness.
Section 2(o) defines "locomotor disability" as meaning, disability of the bones, joints
disability during his service;
Provided that, if an employee, after
acquiring disability is not suitable for the post
he was holding, could be shifted ... disability during his service:
Provided that, if an employee, after
acquiring disability is not suitable for the post
he was holding, could be shifted
disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted ... does not acquire or suffer disability by choice. An employee, who acquires disability during his service, is sought to be protected under Section
disability during his service;
11. Provided that, if an employee, after acquiring disability is not suitable for he post he was holding, could be shifted ... Parliament to give protection to such persons who have acquired disability, who are suffering from disability during the course of employment
