TARLOCHAN SINGH AUJLA Vs. D T C

JUDGEMENT

(1.) This Petition requires the interpretation of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ('Disabilities Act' for short) which came into force vide S.O. (E) dated 7th February, 1996. The facts of the case are that the Petitioner had joined the Army in September, 1968 and was discharged in October, 1983. He was employed by the Delhi Transport Corporation as a Driver in December, 1985. He met with an accident while coming from Lucknow to Delhi on 22.8.1994 as a consequence of which he suffered an amputation of his left foot, and was prematurely retired in December, 1995. It shall be assumed that in compliance with the requirements of the Disabilities Act the Petitioner was re-employed as a Store Attendant, which according to the Respondents is a job which he could perform.

(2.) This Petition has been filed praying for with the following reliefs:

(3.) Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 reads as follows: Non-discrimination in Government employments.-(l) No establishment shall dispense 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 for the post he was holding, could be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employe against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (2) No promotion shall be denied to a person merely on the ground of his disability: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.