Case Note & Summary
The Union of India and other petitioners challenged an order of the Central Administrative Tribunal (CAT) dated 24.02.2011 which allowed the Original Application No. 2117/2006 filed by the respondent, Pramod Sadashiv Thakre. The respondent was appointed as a Civil Mechanical Transport Driver on 01.08.2003 after a due selection process and a medical certificate from the Civil Surgeon declaring him normal. The petitioners did not administer any other test, and he was appointed as a Probationer. On 29.08.2005, his services were suddenly terminated on the ground that he was found to suffer from colour blindness. Aggrieved, the respondent approached the CAT, which held that the termination violated Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The High Court considered the sole ground of challenge that the respondent was found to be colour blind. The respondent's counsel argued that Section 47 protects employees from being discharged or removed on the ground of disability acquired after appointment. The court examined Section 47, which prohibits discrimination in government employment and requires that if an employee acquires a disability during service, he shall not be discharged or removed, and the employer shall provide alternative employment or retain him with the same pay scale. The court upheld the CAT order, finding that the termination was illegal. The petition was dismissed, and the rule was discharged with no order as to costs.
Headnote
A) Disability Law - Non-discrimination in Government Employment - Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Termination on ground of colour blindness - The respondent was appointed as a driver after medical clearance, later terminated for colour blindness - The court held that Section 47 prohibits discharge or removal on ground of disability acquired after appointment - The employer must either provide alternative employment or retain the employee with same pay scale - Held that the termination was illegal and the CAT order was upheld (Paras 2-3).
Issue of Consideration
Whether termination of a civil mechanical transport driver on the ground of colour blindness violates Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Final Decision
The High Court dismissed the writ petition, upholding the CAT order. The rule was discharged with no order as to costs.
Law Points
- Section 47 of the Persons with Disabilities Act prohibits termination on ground of disability acquired during service
- employer must provide alternative employment or retain with same pay scale
- colour blindness is a disability under the Act
