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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M.W.CHANDWANI
Rameshwar S/o Mahadeorao Surve – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. disability transfer triggers seniority dispute under section 47. (Para 1 , 2 , 3 , 4) |
| 2. prior service counts for new post seniority. (Para 5 , 6) |
| 3. voluntary transfer constitutes fresh cadre appointment. (Para 7 , 8) |
| 4. section 47 protects against rank reduction. (Para 9 , 10) |
| 5. no section 47(1) breach in voluntary shift. (Para 11 , 19) |
| 6. promotion denial not solely due to disability. (Para 12 , 13 , 20) |
| 7. seniority reduction differs from rank reduction. (Para 14 , 15 , 16 , 17 , 18) |
| 8. precedents uphold existing seniority protection. (Para 21 , 22 , 23 , 24) |
| 9. cadre seniority undisturbed in disability shifts. (Para 25 , 26) |
JUDGMENT :
M.W. CHANDWANI, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
2. The controversy in this petition lies in a narrow compass i.e. whether in the process of shifting a disabled person to other suitable post/cadre in view of the mandate of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995 (hereinafter referred to as “the Act of 1995”), seniority of the employees in the said cadre can be disturbed.
3
Shifting disabled employee to new post under Section 47 does not require counting prior service for new cadre seniority; existing employees' seniority protected; promotion denial valid if lacking min....
Employees acquiring disability during service are entitled to promotion benefits under the PH quota, irrespective of the timing of their disability acquisition as confirmed by the RPWD Act.
An employee who acquires a disability during service is entitled to be shifted to another post with the same pay scale and service benefits, including seniority, as mandated by Section 47 of The Pers....
The statutory obligation to protect employees acquiring disability during service and the discriminatory nature of extending age benefits only to specific disability categories.
A disabled employee's entitlement to pay fixation and promotion cannot be denied based on medical de-categorization, as it violates constitutional equality rights.
(1) Total number of vacancies in cadre strength would include vacancies to be filled in by nomination as well as by promotion.(2) Absence of rules to provide for reservation in promotion would not de....
Section 47 of the Persons With Disabilities Act mandates accommodation for employees acquiring disabilities, preventing termination during service.
Persons with benchmark disabilities entitled to 4% reservation in promotion to identified posts irrespective of mode, notionally from 30.06.2016 subject to eligibility via review committee; supernume....
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