The central legal point established in the judgment is the protection provided to employees acquiring disabilities during their service under Section 47(1) of the Disabilities Act, 1995, which prevails over conflicting provisions in other rules or acts.

The petitioner was working as a Special Grade Field Assistant in the fourth respondents Office. He filed O.A.No.7310 of 1998 before the Tamil Nadu Administrative Tribunal seeking to challenge the order of the third respondent dated 21.07.1998.

2. By the impugned order, the third respondent informed the petitioner that on the basis of the report of the Medical Board and also the request made by the petitioner, since the petitioner was not able to do the field work, the petitioner was declared medically invalid in terms of Rule 36(2) of the Tamil Nadu Pension Rules with effect from 01.08.1998 and he was also relieved from the post of Field Assistant with effect from 31.07.1998.

3. Despite notice from the Tribunal, the respondents have not filed any counter affidavit justifying the order passed by the third respondent.

4. It is seen from the records that the petitioner met with an accident and his bones of the right arm got crushed. He got steel plates inserted into his right arm and it became totally unusable. The petitioner was not sent to any field duty. As he had already qualified as a Lab Technician, he was doing duty as Lab Technician for 10 years.

5. It was stated by the petitioner that a Health Supervisor developed a grouse against him and by his memo dated 19.09.1996 directed to report whether he can discharge the duties of the Field Assistant. The petitioner informed that he was not doing the work of Field Assistant and he was only doing the duty of Lab Technician as the condition in his right arm is not in a position to perform the Field work.

6. The petitioners case was referred to Medical Board attached to Chenglepet Medical College and Hospital. The Medical Board opined that the petitioner cannot work as Mosquito Collection Worker which needs right hand function. Thereafter, the second respondent made a reference asking the petitioner, whether he can work as Head Mazdoor. The petitioner sent a representation on 27.04.1998 stating that though he was designated as Field Assistant, he was only attending to the work as a Laboratory Assistant and sending him to the field work is only a punishment. It was on the finding that the petitioner was unable to do any field work given by the Medical Board, the impugned order came to be passed.

7. To discharge the petitioner, Pension Rule viz., Rule 36 was invoked. Rule 36 of the Tamil Nadu Pension Rules, 1978 deals with the invalid pension. In the Note No.11.2, it was stated as follows:-

"(11)(2) Where the Medical authority referred to in Sub rule (i) has declared a Government servant fit for further service of less laborious character than that which he has been doing, he may, if possible, be employed on lower pay and if there be no means of employing him even on a lower pay he may be admitted to pension. "

How far this Pension Rule can have any validity has to be seen in the context of the Disabilities Act, 1995.

8. In the present case, it was admitted that the petitioner had an acquired disability while in service. Such disability is well defined under Section 2(i) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 hereinafter, called as "the Disabilties Act". The term disability is defined under Section 2 (i)(v) as locomotor disability. The term locomotor disability is further defined in Section 2

(o) of Disabilities Act which reads as follows:-

"(o) locomotor disability means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy."

9. Section 47(1) of the Disabilties Act reads as follows:-

(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 no