DHAMMADIP BHAURAO MANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) As the matter pertains to provisions of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, (1995), we have heard the matter finally by making "Rule" returnable forthwith. This Act is referred to as 1995 Act hereinafter.

(2.) This Court has on 01.07.2011 and thereafter on 12.07.2011 passed two orders in the matter.

(3.) Short contention of Shri S. D. Thakur counsel for the petitioner is, petitioner had suffered disability while in employment and therefore his case needs to be viewed in the light of provisions of Section 47 of above mentioned 1995 Act and the reliance upon provisions of Section 2(t) for that purpose or then on percentage of disability suffered by petitioner is totally irrelevant. He is relying upon the judgment of Hon'ble Apex Court in Kunal Singh Vs. union of India and Another, 2003 AIR(SC) 1623 for said purpose.