Case Note & Summary
The petitioner, Amrut Yeshwant Mate, was an employee of Zilla Parishad, Bhandara. He suffered paralysis and became completely bedridden, unable to understand or comprehend anything. The petitioner sought a writ to compel the respondents to continue him in employment until the age of superannuation or until a suitable post was available, relying on Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner's counsel argued that Section 47 mandates continuation of employment regardless of the nature of disability. The respondents opposed the petition, contending that the petitioner was not in a position to work. The court noted that the petitioner had also sought voluntary retirement, which was granted by the employer. The court held that Section 47 of the Act is intended to protect employees who acquire a disability during service but are willing and able to work; it does not apply to an employee who is completely incapacitated and cannot perform any work. The court dismissed the petition, finding that the petitioner's condition rendered him unable to work, and the legislative mandate under Section 47 could not be invoked in such circumstances.
Headnote
A) Disability Law - Section 47 of Persons with Disabilities Act, 1995 - Continuation in Employment - The court considered whether an employee who suffered complete paralysis and was bedridden, unable to understand or move, is entitled to be continued in service under Section 47 of the Act. The court held that Section 47 protects employees who acquire a disability during service but are willing and able to work; it does not apply to an employee who is completely incapacitated and cannot perform any work. The petition was dismissed. (Paras 2-4)
Issue of Consideration
Whether Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 mandates continuation of employment of an employee who has become completely bedridden and unable to comprehend or perform any work.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Section 47 of Persons with Disabilities Act
- 1995 applies only to employees who acquire a disability during service and are willing to work
- it does not protect an employee who is completely incapacitated and unable to perform any work
- voluntary retirement accepted by employer cannot be challenged under Section 47 if employee is not in a position to work.
