Employers cannot terminate employees who acquire disabilities during service; they must continue to provide wages and benefits under Section 47 of the Disabilities Act.

JUDGMENT :

(Per SUMAN SHYAM, J.)

1. The Writ Petitioner herein had suffered an accident during the course of her service, incurring disability, which had rendered her unfit for job. Resultantly, her service was terminated but in the wake of an order passed by the Commissioner for Person with Disabilities, (Disabled Welfare Commissionerate), she was reinstated in service. The grievance of the Petitioner in this Writ Petition is on account of non-payment of her wages during the period in which she had remained out of her job due to termination of her service. The facts and circumstances of the case, as available from the materials on record, shorn of unnecessary details, are as here-under.

2. On 12^th April, 1995, the Writ Petitioner, who is a graduate in Arts, was appointed as a Security Guard and posted in the ‘T’ Ward of the Bombay Municipal Corporation. From time to time, her duties/assignment were changed. On 12^th August, 2009, when the Petitioner had reported for duty and signed the attendance-sheet, she was asked to report for duty at the Security Post of Mulund General Hospital i.e. Agarwal Municipal Hospital. While travelling to the said hospital in a motorcycle with her husband, she had met with an accident. On being hit by a car, the motorcycle in which the Petitioner was travelling, was dragged to some distance and she fell down and sustained serious injuries on her head, neck, left shoulder and back. The Petitioner had to remain hospitalized for twelve days in the Agarwal Municipal Hospital and, thereafter, she was advised bed rest for three months. On 1^st September, 2009, the Petitioner had applied for Special Leave, which was sanctioned for the period from 12^th August, 2009 to 16^th November, 2009. On 24^th April, 2012, the Petitioner had made a request for assigning her some light duty. Accordingly, the authorities had assigned her light duty (fixed point duty) at the Agarwal Municipal Hospital itself. However, on 7^th January, 2013, the Petitioner was referred for medical examination before the Municipal Medical Board. She had accordingly appeared before which. On 15^th January, 2013, the Medical Board had opined that the Petitioner has suffered permanent disability to the extent of 55% and that she was unfit for the job of Security Guard. A recommendation was, however, made that the Petitioner should be given some light duty. On 21^st January, 2013, the Medical Officer of Sion Hospital had certified that the Petitioner was suffering from Motor Neuron Disease. On 1^st July, 2013, a physically unfit certificate was issued in respect of the Petitioner, which was followed by the order dated 31^st July, 2013, issued by the Respondent No.2, whereby the Petitioner was asked to surrender her uniform. On 23^rd August, 2013, another Communication was issued by the Respondent No.2, whereby the Petitioner was asked to deposit her uniform, ID Card etc. and place claim for pension.

3. Aggrieved by the orders dated 31^st July, 2013 and 23^rd August, 2013, the Petitioner had preferred an Appeal under Section 62 of the Person with Disability (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (hereinafter referred as ‘Act of 1995’) before the Commissioner, for Person with Disabilities, Disabled Welfare Commissionerate i.e. the Respondent No.7. After hearing the arguments from both the sides, the Respondent No 7 was of the opinion that the termination of service of the Petitioner was in violation of Section 47 of the Act of 1995. As such, the Appeal was disposed of by the Judgment and Order dated 4^th September, 2015 with a direction to