MOHAMMAD SHAMI UDDIN Vs. STATE OF UP

JUDGEMENT

(1.) Petitioner is stated to employed in an aided madarsa and has been physically handicapped (blind in both eyes) during course of employment. He has come up with a plea that he is entitled to continue in employment and for payment of salary in view of Section 47 of Act No. 1 of 1996.

(2.) This Court in the case of Ashok Kumar Tiwari and Ors. v. State of U.P. and Ors., 2008 1 ESC 746 in paragraph 31 has held as follows:

(3.) In terms of the said judgment of this Court, the State Government vide notification dated 31.2.2008 identified the post of teachers for physically handicapped persons within the category of blind in both the eyes as well as partially blind as suitable for employment. Reference in this regard is made to entry 26 (a) which reads as follows: