Disability Act s.20(4) prohibits premature retirement of employee acquiring disability during service; mandates alternative/supernumerary post till superannuation, prevailing over service rules.

O R D E R

Per : Hon’ble Dr.Hukum Singh Meena, Member (A)

1. The applicant has filed the present OA being aggrieved with order dated 20.12.2022 whereby he was compulsory retired from service and vide order dated 16.03.2019 whereby his name was stuck off from the pay roll of BSNL under Section 19 of the Administrative Tribunal’s Act, 1985 seeking following reliefs:-

“(i) That the Hon'ble Tribunal may kindly be pleased to admit and allow this application.

(ii) That the Hon'ble Tribunal may kindly be pleased to declare the impugned order dated 20/12/2022 rejecting the representation dated 22/01/2019 of the applicant as illegal, arbitrary, capricious, unreasonable, irrational, unjustified & in violation of section - 20 of The Disability Act and also in violation of Article 14, 16, 19(1)(g), 21, 39(1) & 350 of the Constitution of India & further be pleased to quash and set aside the same.

(iii) That the Hon'ble Tribunal may kindly be pleased to declare the impugned notice / order dated 10/12/2018 and an order dated 16/03/019 and all consequential & incidental actions relieving the applicant from the service by way of compulsory retirement as illegal, arbitrary, capricious, unreasonable, irrational, unjustified & in violation of section - 20 of The Disability Act and also in violation of Article 14, 16, 19(1)(g), 21, 39(1) & 350 of the Constitution of India & further be pleased to quash and set aside the same.

(iv) That the Hon'ble Tribunal may kindly be pleased to pass an order to reinstate the applicant in the service on the post of JTO or any other appropriate post within the purview of Section 20 of the Rights of Persons with Disabilities Act, 2016 w.e.f. 17/03/2019 & to pay salary regularly till he reaches the superannuation age of 60 years.

(v) That the Hon'ble Tribunal may kindly be pleased to pass an order directing the respondents to pay the arrears of full back wages, along with interest calculated at the rate of 9% thereon, from 17/03/2019 till the date of reinstatement or till the date of superannuation on reaching the age of 60 years, whichever is earlier; after adjusting amount of pension already paid to the applicant.

(vi) That the Hon'ble Tribunal may kindly be pleased to pass an order directing the respondents to enroll the applicant to the strength of the appropriate unit of BSNL and allow the applicant to continue his employment.

(vii) If the applicant reaches the age of superannuation pending admission, hearing and final disposal of this application, then the Hon'ble Tribunal may kindly be pleased to pass an order that his pension & all other retirement benefits be ordered to be revised as per "last pay" as on the date of superannuation & difference of retirement benefits & pension be directed to be paid considering this pay with 9% interest till payment.

(viii) That the Hon'ble Tribunal may kindly be pleased to pass an order granting cost / compensation to the applicant for the mental agony faced, hardship caused expenses incurred for justice by him.

ix) That the Hon'ble Tribunal may kindly be pleased to pass any other appropriate order deemed fit in the interest of justice.”

2. Brief facts of the case of the applicant are as under:-

2.1 That the applicant had worked with BSNL since 05.04.1985. He joined the BSNL as a Technician and at the time of his compulsory retirement he was working as Junior Telecom Officer (JTO) at Ahmedabad Telecom Circle.

2.2 Further, it was submitted that when the applicant was working as JTO, BNSL at Office of the Sub-Divisional Engineer Duct Maintenance, Naranpura Telephone Exchange, the Sub Divisional Engineer (Duct Maintenance) vide communi