Prohibition against dispensing with, or reducing in rank an employee who acquires disability during service
Anil Kumar Mahajan v. Union of India, (2013) 7 SCC 243
Human and Civil Rights
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Ss. 47 and 2(i)(vii) - Prohibition against dispensing with, or reducing in rank an employee who acquires disability during
service - Appellant IAS officer appointed in 1977 and after serving for 30 yrs, order of compulsory retirement issued on
15-10-2007 on grounds of insanity - Sustainability - Held, it was not open to authorities to dispense with service of
appellant or to reduce him in rank, who acquired disability during his service, in view of prohibition contained in S. 47 - In
case appellant, after acquiring disability was found not suitable for post he was holding, he should have been shifted to
some other post with same pay scale and service benefits, and further, in case it was not possible to adjust appellant
against any post respondent UoI ought to have kept appellant on supernumerary post until suitable post was available or
until appellant attained age of superannuation whichever was earlier -
Human and Civil Rights
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Ss. 47 and 2(i)(vii) - Prohibition against dispensing with, or reducing in rank an employee who acquires disability during
service - Appellant IAS officer appointed in 1977 and after serving for 30 yrs, order of compulsory retirement issued on
15-10-2007 on grounds of insanity - Sustainability - Held, it was not open to authorities to dispense with service of
appellant or to reduce him in rank, who acquired disability during his service, in view of prohibition contained in S. 47 - In
case appellant, after acquiring disability was found not suitable for post he was holding, he should have been shifted to
some other post with same pay scale and service benefits, and further, in case it was not possible to adjust appellant
against any post respondent UoI ought to have kept appellant on supernumerary post until suitable post was available or
until appellant attained age of superannuation whichever was earlier -
https://www.lawweb.in/2013/08/prohibition-against-dispensing-with-or.html
