SALILAN Vs. D I G OF POLICE

JUDGEMENT

(1.) The Writ Petition is filed mainly with the following prayers:-

(2.) Learned counsel for the petitioner submits that in view of the decision of the Supreme Court in Kunal Singh v. Union of India and Another, 2003 (3) KLT 61 = 2003 (4) SCC 524) the petitioner is entitled to the benefits under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It is seen from the judgment that the Supreme Court repelled the stand taken by the Central Government that for want of provision in the rules, no pension could be granted. The Apex Court has held that once disability is not in dispute, a person cannot be discharged from service on that ground. Suitable alternate employment has to be provided and if no such employment is available, the disabled employee has to be given pension. No distinction whatsoever is to be made between a temporary or permanent employee. No technical plea shall stand in the way of the benefit of the Act given to a disabled employee, the disability being in the course of employment. In this context, it will be profitable to extract paragraph 12 of the judgment, which reads as follows:-

(3.) I quash the impugned orders. There will be a direction to the third respondent to either provide a suitable employment to the petitioner, ignoring the contention regarding age limit, since the petitioner has been pursuing his grievance before the authorities. If such a suitable employment cannot be provided to the petitioner, he shall be granted the invalid pension. The needful shall be done within a period of three months from the date of production of a copy of the judgment by the petitioner. The Writ Petition is disposed of as above.