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2017 Supreme(SC) 832

ADARSH KUMAR GOEL, UDAY UMESH LALIT
Andhra Pradesh State Road Transport Corporation rep by its Managing Director – Appellant
Versus
B. S. Reddy – Respondent


Advocate Appeared:
For the Petitioners:Mr. K.V. Vishwanathan,Sr. Advocate, Mr. Sriharsha Peechara, Mr. Arjun Krishnan, Mr. Ashish Tiwari, Mr. A. Mukunda Rao, Advocates, Mr. Basva Prabhu Patil, Sr. Advocate, Mr. Venkateswara Rao Anumolu, Mr. Prabhakar Parnam, Advocates.
For the Respondents:Mr. Sateesh Galla, Ms. Uma Parasunna, Ms. Gusha Naidu, Mr. R.S. Bel, Advocates Mr. N. Rajaraman, AOR. Mr. Amit Kumar, Mr. A. Ramesh, Mr. Shaurya S., Mr. Syed Ahmad Nagi, Ms. Shilpi Gupta, Mr. Avijit Tripathi, Mr. Ganni Krishna, Mr. B. Ramana Murthy, Mr. K. Sita Rama Rao, Mr. Rahul Singh, Mr. Shree Pal Singh, Mr. Ch. Leela Sarveswar, Mr. D.V. Ramana Reddy, Mr. M.A. Chinnasamy, Advocates.

ORDER :

Delay condoned.

2. Leave granted.

3. We have heard learned counsel for the parties.

4. The issue raised in this set of cases is whether benefit of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, is available to those covered by Section 2(i) of the said Act alone or applies even to persons not covered thereby.

5. The employees in question suffered disability during employment and they sought benefit of Section 47 of the Act to the effect that their services could not be dispensed with on account of the said disability, nor their rank could be reduced and they could only be shifted to some other post, with same pay-scale and service benefits. The claim was contested by the appellants-Transport Corporations with the plea that the benefit of Section 47 of the Act was available only to those covered by Section 2(i) which defines "disability". The said stand was supported on the basis of judgments of the High Court of Delhi in the cases of Hawa Singh v. Delhi Transport Corporation dated 3.2.2012 in W.P.(C)No.7880 of 2011 & Airport Authority of India v. Kumar Bharat Prasad Narain Singh dated 14.12.2005 in L.P.A.




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