Case Note & Summary
The petitioner, Shaikh Salim Shaikh Amir, was appointed as a Driver in the Maharashtra State Road Transport Corporation (MSRTC) on 09-04-1980. He served for about 30 years until he developed a serious Spondylosis problem due to continuous driving on bad rural roads, causing severe back pain. On 08-03-2010, he applied for alternate work such as peon, security guard, or cleaner. The respondent asked him to undergo a medical examination by Dr. Shahapurkar on 19-03-2010, who reported that the petitioner had a gap in his spinal cord and should not be given driving work. Instead of providing alternate employment, the respondent No. 3 (Divisional Controller, Osmanabad) passed an order on 05-06-2010 terminating the petitioner's services and removing his name from the muster with effect from 18-05-2010. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash the termination order, declare it illegal and in violation of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Disabilities Act) and the MSRTC notification dated 12-04-2006, and to direct the respondents to give all consequential benefits including pensionary benefits as if he continued in service till superannuation. The court held that the termination was illegal and contrary to Section 47 of the Disabilities Act, which mandates that once an employee acquires a disability during service, the employer shall not dispense with or reduce in rank, but shall provide alternate employment in the same or higher post. The court also noted that the MSRTC notification dated 12-04-2006 required absorption in a suitable alternative post. The court allowed the petition, quashed the termination order, and directed the respondents to consider the petitioner for an alternate post and grant all benefits including pensionary benefits as if he continued in service till superannuation.
Headnote
A) Disability Law - Alternate Employment - Section 47 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Employer's Duty - Petitioner, a driver with 30 years service, developed Spondylosis and was found unfit for driving - He requested alternate work like peon or security guard - Instead of providing alternate employment, respondent terminated his services and removed his name from muster - Held that termination violates Section 47 which mandates that once an employee acquires disability during service, the employer shall not dispense with or reduce in rank, but shall provide alternate employment in the same or higher post (Paras 2-5). B) Service Law - Termination - Violation of Statutory Protection - Petitioner was appointed as driver in 1980, served for 30 years, developed back problem due to continuous driving on bad roads - Medical report confirmed gap in spinal cord, unfit for driving - Petitioner applied for alternate work on 08-03-2010 - Respondent terminated him on 05-06-2010 without offering any alternative post - Held that termination is illegal and contrary to Section 47 of Disabilities Act and MSRTC notification dated 12-04-2006 (Paras 3-5). C) Constitutional Law - Article 226 - Writ Jurisdiction - Quashing of Termination Order - Petitioner sought quashing of termination order dated 05-06-2010 and direction to give all consequential benefits - Court allowed petition, quashed termination order, directed respondents to consider petitioner for alternate post and grant all benefits including pensionary benefits as if he continued in service till superannuation (Paras 2, 5).
Issue of Consideration
Whether termination of a driver who acquired disability during service is valid under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the MSRTC notification dated 12-04-2006
Final Decision
The court allowed the writ petition, quashed and set aside the order dated 05-06-2010 passed by respondent No. 3 terminating the petitioner's services and removing his name from muster. The court directed respondents No. 2 and 3 to consider the petitioner for an alternate post and grant all consequential benefits including pensionary benefits as if he continued in service till the date of his retirement on superannuation.
Law Points
- Section 47 of Persons with Disabilities Act
- 1995 mandates alternate employment for employees acquiring disability during service
- employer cannot terminate without providing alternate post
- notification dated 12-04-2006 of MSRTC requires absorption in suitable alternative post
