Case Note & Summary
The petitioner, Deepak Mahadeorao Adchule, was appointed as a driver by the Maharashtra State Road Transport Corporation on April 1, 2011. On February 8, 2014, the Divisional Controller terminated his service with effect from December 30, 2013, on the ground that a medical examination revealed he was colour blind. The petitioner filed a writ petition on October 23, 2018, seeking a direction to the respondents to grant him alternate appointment as a Security Guard under Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and to pay arrears of salary from the date of termination. The respondents raised an objection to the maintainability of the writ petition, arguing that the petitioner had an alternative remedy before the Industrial Court. The court, however, held that the writ petition was maintainable as the issue involved a pure question of law regarding the interpretation of Section 47 of the 1995 Act. The court noted that the petitioner had acquired colour blindness during his service, which is a disability under the Act. Relying on the provisions of Section 47, which mandates that an employer shall not dispense with or reduce in rank an employee who acquires a disability during service, and if the employee is not suitable for the post, the employer shall provide alternate employment, the court found that the termination was illegal. The court directed the respondents to consider the petitioner for the post of Security Guard or any other suitable post within four weeks, and to pay arrears of salary from the date of termination until the date of reinstatement or alternate appointment, as per the rules.
Headnote
A) Disability Law - Alternate Employment - Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Obligation of employer to provide alternate employment - The petitioner, a driver, was terminated due to colour blindness acquired during service. The court held that the Corporation was bound to provide alternate employment as per Section 47, and the termination was illegal. The court directed the respondents to consider the petitioner for the post of Security Guard or any other suitable post within four weeks. (Paras 1-8) B) Disability Law - Definition of Disability - Section 2(i) of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Colour blindness as a disability - The court noted that colour blindness is a disability covered under the Act, and the petitioner acquired it during service, thus attracting Section 47. (Paras 1-8)
Issue of Consideration
Whether the petitioner, a driver terminated due to colour blindness, is entitled to alternate employment under Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Final Decision
The court allowed the writ petition, set aside the termination order, and directed the respondents to consider the petitioner for the post of Security Guard or any other suitable post within four weeks, and to pay arrears of salary from the date of termination until the date of reinstatement or alternate appointment, as per rules.
Law Points
- Section 47 of the Persons With Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995 imposes an obligation on employers to provide alternate employment to employees who acquire disability during service
- colour blindness constitutes a disability under the Act
- termination of service due to disability without offering alternate employment is illegal
