PwD Act | Alternate Employment With Same Pay Benefits To Employee Who Suffers Disability During Course Of Employment A Statutory Right
Case: Ch. S. Rajeswara Rao v. Govt. of AP, Transport Department
Coram: Justice Ravi Nath Tilhari
Case No.: Writ Petition No.5486 Of 2011
Court Observation: “Section 47 itself provides for grant of alternative employment to a disabled employee or on equivalent posts carrying the same pay scale and not to oust such employee from the service.”
“An employee, who acquires disability during his service, is sought to be protected under Section 47 of the Act specifically. Such employee, acquiring disability, if not protected, would not only suffer himself, but possibly all those who depend on him would also suffer. The very frame and contents of Section 47 clearly indicate its mandatory nature.”
“…if the employee suffered from the disability under the Act, 1995 he cannot be subjected to break in service for want of suitable post being immediately available. He would be entitled to claim continuity of service for all purposes from the date of his so-called retirement from service…”
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