P.R.RAMACHANDRA MENON, DAMA SESHADRI NAIDU
UNION OF INDIA, REP. BY GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI – Appellant
Versus
FANCY BABU, W/O. BABU THOMAS – Respondent
Dama Seshadri Naidu, J.
Introduction:
Fate served a cruel blow to a woman in her battle of childbirth. Paralyzed shoulders below, she has become a living lump of meat with unimpaired cognitive faculties, though-only to make herself acutely aware of her vegetative existence. She has all but been finished, save for her spirit to live and for her dignity to hold up as a woman. And now, is her employer bent on completing the job-stifling her spirit to live and destroying her dignity to be a woman?
2. Disabled is a pejorative; differently-abled is a euphemism, but capable of recognizing and, in fact, redeeming the calamity- stricken-yet still resilient-spirit of the physically challenged. The Legislature has lent its helping hand: It has brought out Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ('the Act'). The Judiciary, too, has recognised that there is more to a human being than mere locomotion: It has beneficially, expansively interpreted the law. But the employer holds the rule-book and shows its letter but forgets its spirit-even if it were a textualist.
The Dispute:
3. This is the second round of litigation involving a d
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