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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Divisional Railway Manager, Chennai Division, Southern Railway, Ngo Annex – Appellant
Versus
Chief Commissioner For Persons With Disabilities (Divyangjan), Department Of Empowerment Persons With Disabilities (Divyangjan), Ministry Of Social Justice And Empowerment, Government Of India – Respondent
| Table of Content |
|---|
| 1. background facts of the case. (Para 1 , 2 , 7) |
| 2. arguments on jurisdiction and allowances. (Para 3 , 4 , 5 , 10) |
| 3. court's observations on case laws. (Para 6 , 8 , 9) |
| 4. dismissal of the writ petition. (Para 11) |
ORDER :
M. DHANDAPANI, J.
This Writ Petition has been filed praying to quash the records on the file of the 1st respondent in Case No.13438/ 1024/ 2022 dated 16.05.2023
2. The learned counsel appearing for the petitioner would submit that the second respondent was initially appointed as Pro. Assistant Station Master through Railway Recruitment Board and allotted to Guntakal Division. Subsequently he was absorbed as Temporary Assistant Station Master and he took independent charges in the year 1980. Subsequently, he was promoted to the scale of pay in the year 1991 as Station Master-III. He was transferred to Southern Railway on Inter Railway Mutual transfer on own request as Station Master Grade-III and he joined in Madras Division in the year 2002. He earned promotions to various levels. While he was working as Superintendent, he was declared medically unfit for A-2 category by Medical Board on 14.09.2017 and he was placed in supernumerary post in accordance
The Chief Commissioner for Persons with Disabilities can adjudicate service matters and disability-related claims, particularly regarding transport allowance entitlements, under the Rights of Persons....
A disabled employee's entitlement to pay fixation and promotion cannot be denied based on medical de-categorization, as it violates constitutional equality rights.
Employer must ensure that an employee with a disability is treated fairly, including salary payment for an absence due to illness, under the Rights of Persons with Disabilities Act, 2016.
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