1. The petitioner was a Driver in the 01st Respondent-APSRTC. He is presently working as a Shramik, the post which has been given to him due to the disability acquired during his service as driver. In this case, he is seeking pay protection in the cadre of Driver and for payment of arrears of salary and other attendant benefits under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, ‘the Act’) .

2. It is not in dispute that the petitioner was found unfit to the post of Driver in the A1 category due to defective distant vision which is a disability identified under the Act. The petitioner was provided with a job as Shramik after he was found fit for the same. Having so appointed him, he has been put on the pay scale of a Shramik, but not the pay scale as a Driver. According to the petitioner, though he has been appointed in a lower post as a Shramik, he is entitled for pay protection and the attendant benefits. According to him, an obligation in this regard is cast on the 01st Respondent-Corporation by virtue of Section 47 of the Act. Section 47 of the Act is as follows :

47. Non-discrimination in government employment. –

(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service :

Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits :

Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

(2) No promotion shall be denied to a person merely on the ground of his disability :

Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

3. A plain reading of the aforesaid Section discloses that no employee who has acquired a disability during service should be deprived of the job, nor should he suffer reduction in rank; and should it become necessary due to his being unsuitable for the post he is holding, he should be shifted to some other post with due pay protection and service benefits. A duty is enjoined upon the employer not to deprive the employee of his job though he has acquired disability, and as an alternative he should be provided with a suitable job.

4. The view taken by the Supreme Court in the following cases reinforce the mandatory character of the aforesaid provision.

5. In NarenderKumar Chandla Vs. State of Haryana (1995 AIR 519) the Supreme Court while dealing with an employee in Tata Memorial Hospital, Bombay, who was disabled while in service, observed in the light of Article 21 of the Constitution that an employee who was afflicted with an unfortunate disease due to which he was unable to perform the duties of the post he was holding, the employer must make every endeavour to adjust him in a post in which he would discharge his duties. The Supreme Court further observed that such an employee would be entitled to protection of his last drawn pay. It is relevant to note that this judgment was in fact rendered prior to the enactment of Act, 1995.

6. After the Act has been enacted, in KunalSingh v. Union of India (2003 (4) SCC 524) the Supreme Court, while dealing with the provisions of the Act, held as follows :

the Supreme Court, while dealing with the provisions of the Act, held as follows :

“Chapter VI of the Act deals with employment relating to persons with disabilities, who are yet to secure employment. Section 47, which falls in Chapter VIII, deals with an employee, who is already in service and acquires a disability during his service. It must be born