Kunal Singh vs Union Of India & Anr on 13 February, 2003
4. The learned counsel for the petitioners contended that despite the
fact that Section 47 of the Act was in force and the rights that are created
in favour of the disabled, this is a case where the respondent herself had
voluntarily applied for retirement from service and at the request of the
respondent her services were terminated with effect from 15.02.2002. It is
stated that in such a case, the Tribunal could not have ordered her
reinstatement as done in the impugned order. Though this argument of
the counsel would sound attractive at the first blush, on a thorough
examination, we are unable to accept it, particularly in the light of the
principles laid down by the Apex Court in Bhagwan Dass v. Punjab Seb
[2008 (1) SCC 579], which was rendered following the judgment in Kumal
Singh v. Union of India [2003 (4) SCC 524].