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HARSIMRAN SINGH SETHI
Bahadur Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to compulsory retirement after acquiring disability. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding applicability of the 1995 act. (Para 6 , 7) |
| 3. court's interpretation of section 47 of the 1995 act. (Para 9 , 10 , 11 , 12) |
| 4. final orders regarding reinstatement and benefits. (Para 14 , 22 , 23) |
| 5. entitlement to benefits post creation of supernumerary post. (Para 19 , 21) |
JUDGMENT
Mr. Harsimran Singh Sethi, J. (Oral)
CM No.13896-CWP of 2023
The present application has been filed for fixing some actual date in the present petition.
Notice of the application to the counsel opposite.
Mr. Harish Nain, Assistant Advocate General, Haryana, who is present in the Court accepts notice and raises no objection for the grant of the prayer as made in the present petition.
Keeping in view the above, application is allowed and on the oral request of learned counsel for the parties, the main case is taken up for hearing today.
CWP No.13674 of 2006
By this common order, two writ petitions, the details of which have been given in the heading are being disposed of as both the writ petitions involve the similar issue on similar facts.
2. The facts in CWP No.13674 of 2006 are bein
An employee who acquires a disability during service cannot be dismissed; they must be accommodated in suitable employment as per the law.
Employers cannot terminate employees who acquire disabilities during service; they must continue to provide wages and benefits under Section 47 of the Disabilities Act.
Section 47 of the Persons With Disabilities Act mandates accommodation for employees acquiring disabilities, preventing termination during service.
The statutory obligation to protect employees acquiring disability during service and the discriminatory nature of extending age benefits only to specific disability categories.
The court emphasized the duty of the respondents to identify a suitable post for accommodating the petitioner under the relevant legislation for persons with disabilities.
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