Commissioner for Persons with Disabilities
against IRCON for non-adherence with the legal provisions under
Rights of Persons with Disabilities Act, 2016 .
f. The petitioner ... with disabilities
to preserve their identities;"
35. This Court shall also discuss Section 20 of the Rights of Persons with
Disabilities Act
meet the
needs of the persons with disability and fulfil the
obligations as prescribed in the Disability Act of 1995.
xxx xxx xxx
3.2 Extent ... make adjustments for disabled people so that they overcome
various practical, psychological and social hurdles created by their
disability. The Act places disabled people
force of the Act but
his services are terminated after coming into force
of the Act, Section 47 of the Act would apply in such ... into force of the Act, Section 47 of the Act
would not apply in such cases for the reason the Act
does not have retrospective
Participation) Act, 1995 (hereinafter referred to as the Disability Act) and held that
even though the said Act was not enforceable ... Equality of
People with Disabilities in the Asia and Pacific Region‟. It will thus be seen that
the Disability Act, though came into force
employee
prematurely retired under the said Scheme.
9. The Disability Act was enacted to give effect to the Proclamation on
the Full Participation and Equality ... retire an
employee acquiring disability during the course of employment is thus
clearly contrary to Section 47 of the Disability Act. The action
premises so as to facilitate the movement of disabled
students under the provisions of Disabilities Act; that as per the provisions
of RTE Act , private ... included a child with special needs and suffering
from disability, as defined in the Disability Act, in the definition of child
belonging to disadvantaged group
Persons with Disabilities did not have the power under the Persons
with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 (hereinafter referred ... Prima facie neither Section 47 nor any other provision of
the Disabilities Act was attracted. But, the Chief Commissioner
chose to issue a show cause
with Disabilities, New Delhi (vested with
power of Civil Court under the Persons with Disability (Equal Opportunity,
Protection of Rights and Full Participation) Act ... accommodation as also
provided u/s 38 of the Persons with Disabilities Act 1955 and the
orders/judgments of the Hon'ble Supreme Court
earnings due to permanent disability:-
"Assessment of future loss of earnings due
to permanent disability
6. Disability refers to any restriction or lack ... short). But if any of the
disabilities enumerated in section 2(i) of the
Disabilities Act are the result of injuries sustained
in a motor
Division Bench of this
court held as under:-
"16. The Disabilities Act was enacted for protection of the
rights of the disabled in various ... legislation which is aimed at the
amelioration of persons with disabilities. The said Act does not
contemplate or intend to create or grant any rights
