UNION OF INDIA Vs. PRAMOD SADASHIV THAKRE

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) The petitioners have challenged order dated 24.02.2011 passed by Central Administrative Tribunal solely on the ground that the respondent found to be Colour Blind. On 01.08.2003, the respondent was appointed as Civil Mechanical Transport Driver after due selection. He was found fit for the appointment on the basis of Medical Certificate from Civil Surgeon which declared him normal. The petitionersauthorities did not administer any other test to the respondent and he was duly appointed as Probationer. Suddenly, on 29.08.2005, the respondent s services were terminated on the ground that he has been found to suffer from colour blindness. Aggrieved by the order of termination, the respondent has approached the Central Administrative Tribunal by filing Original Application No. 2117/2006. The Central Administrative Tribunal, vide order dated 24.02.2011 allowed the Original Application filed by the respondent thereby holding that the impugned order of termination is in violation of provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for Short the Act ). It is against this order of Central Administrative Tribunal, the present petition is filed.

(3.) Mr. Lahiri, learned counsel for the respondent submitted that the services of the respondent are protected by Section 47 of the Act, which prohibits an employee from being discharged, removed and protected the termination of his services on the ground that he has incurred any disability. Section 47 reads as follows: