Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 prohibits an establishment from dispensing with or reducing the rank of an employee who acquires a disability during service.

( 1 ) -ALL these seven petitions raise identical question of law and are concerned with the interpretation of Section 47 of "the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" (hereinafter REFERRED TO to as The Act, for short) and other related provisions of the Act. Accordingly, these petitions are disposed of by this common judgment.

( 2 ) PETITIONERS are suffering from one or the other form of disability. But they were not disabled at the time of their birth nor when they entered service with the respondent-Delhi Transport Corporation (hereinafter REFERRED TO to as DTC, for short ). They were all hale and hearty, medically tit and were appointed to different posts in DTC after undergoing proper selection and were/are working in DTC as regular employees. Unfortunately, during their services they have suffered some or the other form of disability, as will be noticed when facts are narrated in each case. However, due to such disablement they are all slapped with the orders of premature retirement rendering them unemployed. The main challenge in the petition is of the following two different kinds namely; (a) in some cases the alleged disability from which they are suffering is not of the kind which could have entitled the employer to force premature retirement on them, or (b) even in those cases where disability is of the kind which has rendered them incapacitated to perform the job which they were performing, the action of the premature retirement is challenged on the ground that petitioners could have been given alternate jobs which they could perform notwithstanding such disability.

( 3 ) BEFORE dealing with the problem of the nature mentioned above and in order to appreciate the same in proper perspective it would be relevant to note, in brief, the facts of each case.

( 4 ) PETITIONER was appointed as driver in 1982 and his last place of posting was at Khanpur Depot now known as Dr. Ambedkar Nagar Depot. He fell sick and suffered from chest infection. He applied leave on medical grounds supported by medical certificates. Petitioner joined duty in December, 1998 when he was asked to appear before Medical Board for check up. On 15th March, 1999 order of premature retirement was served on the petitioner. Petitioner applied for alterntative job but his request was ignored. Since February, 1999 salary of the petitioner was not paid. Civil Writ Petition No. 2002 of 1998 :

( 5 ) PETITIONER was appointed as Assistant Fitter on 28th July, 1991 with the respondent-DTC. While on duty on 13th November, 1996, while repairing bus (No. 3298) he sustained injury in his right eye as a small iron chip hit his eye ball. Petitioner underwent treatment at Dr. Rajendra Prasad Centre for Opthalmic Sciences of the All India Institute of Medical Sciences. He joined the services on 4th December, 1996. Petitioner gave fitness certificate dated 10th December, 1996 when he was asked to appear before the Medical Board of the Corporation. Without looking into the documents regarding treatment, he was declared medically unfit by Dr. Srivastava who, according to the petitioner, is not an eye specialist. Petitioner was served with order of premature retirement dated 2nd April, 1998. Petitioner vide his representation dated 3rd April, 1998 made a request for withdrawal of the premature retirement order which was rejected. Petitioner states that he is to work in a team comprised of mechanics, fitters and assistant fitters and was not required to perform any driving duty. Petitioner further submits that his capability and suitability can be adjudged by putting him on the job of assistant fitter. Civil Writ Petition No. 5470 of 1998 :

( 6 ) PETITIONER was initially appointed as Helper on 1st April, 1987 and was confirmed on the said post on 30th June, 1988. While in service, be acquired skill of driving heavy vehicle and obtained driving licence. Petitioner was appointed as driver and was confir