WILLIAM KISPOTTA Vs. STEEL AUTHORITY OF INDIA LIMITED

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned counsel for the respondents, Steel Authority of India Limited, (hereinafter referred to as the 'SAIL').

(2.) The appellant is aggrieved by the impugned Judgment dated 10.02.2017, passed by the Writ Court in W.P.(S) No.4213 of 2008, whereby, the writ application filed by the appellant writ petitioner, claiming the benefits of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (hereinafter referred to as the 'Act'), has been dismissed by the Writ Court.

(3.) The appellant writ petitioner, while working as an Assistant Loco Driver in the Bokaro Steel Plant, met with an accident on 21.11.1998, as a result of which, both the legs of the appellant got amputated above the knees. The appellant had been given the due compensation for the extent of disability which he had suffered by the accident. By order dated 06.09.2000, separation order was issued to the appellant and he was discharged from the services of the Company on medical ground, after giving him three months' pay in lieu of notice. Subsequently, the appellant opted for Employees Family Benefit Scheme, and under the said Scheme, the deposit of Rs.4,82,677.36/- was made by the appellant, and he started getting a monthly sum of Rs.9,251.50/-, which was the last basic salary + D.A drawn by him. The basic salary + D.A was given to the appellant till he attained the age of superannuation, i.e., till 29.02.2012, and thereafter, the amount of Rs.5,16,001.36/- was also returned to the appellant, which included the amount of deposit of Rs.4,82,677.36/- + difference due to the revision of salary.