K J DHULIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The unfortunate petitioner who has acquired permanent disability on account of complete loss of his eye sight while in service has approached this Court making a grievance that his service has been wrongly terminated by the respondents by resorting to Rule 15 of Bombay Civil Service Rules [B.C.S.R.] on the ground that he has been declared medically unfit for performing duty and now he is being paid the invalidity pension only in accordance with Rule 38 of the CCS (Pension) Rules, 1972.

(2.) Mr. I.S. Supehia, learned advocate appearing for the petitioner has submitted that the impugned decision of the respondents is absolutely erroneous and against the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ("the Act" for short) and in particular Section 47 of it. He has further submitted that the impugned decision could be taken by the respondents only if the petitioner was found incapable of performing any duty, which is not the case here. He has also placed reliance on certain decisions which will be referred to in the due course of the judgment.

(3.) . To decide the issues arising in this petition, first it would be necessary to refer to certain definitions. Clause 2 (b) defines "blindness". "2(b). "blindness" refers to a condition where a person suffers from any of the following conditions namely:-