NASIRUDDIN ANSARI Vs. STATE OF SIKKIM AND ORS.

JUDGEMENT

(1.) (i) By filing this Writ Petition, the Petitioner seeks, inter alia, for a mandamus directing the Respondents-NHPC to comply with the orders and directions of the Apex Court in Justice Sunanda Bhandare Foundation vs. Union of India and Another, 2014 AIR(SC) 2869 and implement the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short the "Act of 1995") and to appoint him in a regular post reserved for persons with disabilities.

(2.) (i). The Respondents No.2 and 3, the NHPC, without denying the factual aspects of the case in their reply, took the same stand as they had taken before the Chief Commissioner for Persons with Disabilities and this Court in WP(C) No.15 of 2008 and state that the injury was sustained by the Petitioner in the employment of a contractor under the NHPC and was not employed by them and no relationship of 'employer' and 'employee' subsisted between them. It is asserted that the provisions of the Act of 1995 have been fully implemented by the Respondent No.2 as required under Section 33 of the Act of 1995 and as directed by the Hon'ble Supreme Court in Justice Sunanda Bhandare Foundation . It is their case that the Petitioner not being the employee who acquired the disability during the service under the Respondents-NHPC, the question of shifting him to some other post with the same pay scales and service benefits did not arise as required under Section 47 of the Act of 1995.

(3.) (i). Mr. N. B. Khatiwada, Learned Senior Advocate, appearing for the Petitioner, argued that the Respondents No.2 and 3 were deliberately not considering the case of the Petitioner and were giving untenable reasons to camouflage their failure to comply with their own written assurances in 1999, the observations of the Mobile Court of the Chief Commissioner for Persons with Disabilities in its order dated 05-03-2007 and the judgment of this Court dated 27-08-2009 in WP(C) No.15 of 2008.