Case Note & Summary
The petitioner, Laxmikant Jalindar Mule, was appointed as a Driver with the Maharashtra State Road Transport Corporation (respondent No.3) on 17.04.2001. On 24.02.2002, while on duty, he suffered an accident due to stone pelting, resulting in the loss of one eye. He was disengaged from service on 28.05.2002. The petitioner invoked Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, seeking absorption in employment with arrears of salary and pay fixation. During the pendency of the writ petition, the petitioner was re-appointed as a fresh employee on the post of Peon w.e.f. 08.12.2004. Consequently, he did not press for prayer Clause 24A (which likely sought reinstatement). The core issue before the court was whether the petitioner's pay fixation should be from his original date of appointment (17.04.2001) or from the date of re-appointment (08.12.2004). The respondent No.3 opposed the petition, relying on an affidavit-in-reply dated 26.02.2007. The court noted that there was no dispute regarding the petitioner's initial appointment and the accident. The court held that under Section 47 of the Disabilities Act, the employer is obligated to protect the employee's pay and service conditions. Therefore, the petitioner is entitled to pay fixation from his original date of appointment (17.04.2001) with continuity of service for pension and other benefits. The court allowed the petition and directed the respondents to fix the petitioner's pay accordingly.
Headnote
A) Disability Law - Employment of Disabled Persons - Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Pay Fixation and Continuity of Service - The petitioner, a driver who lost one eye in a work-related accident, was disengaged and later re-appointed as a peon. The court held that under Section 47, the employer must protect the employee's pay and service conditions, and the petitioner is entitled to pay fixation from his original date of appointment (17.04.2001) with continuity of service for pension and other benefits. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to pay fixation and continuity of service from his initial date of appointment as a Driver (17.04.2001) after being re-appointed as a Peon on 08.12.2004, in light of Section 47 of the Persons with Disabilities Act, 1995.
Final Decision
The court allowed the writ petition and directed the respondents to fix the petitioner's pay from his original date of appointment (17.04.2001) with continuity of service for pension and other benefits, in accordance with Section 47 of the Persons with Disabilities Act, 1995.
Law Points
- Section 47 of the Persons with Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995
- pay fixation
- continuity of service
- absorption
- employment of disabled persons
Case Details
2017 LawText (BOM) (11) 2
WRIT PETITION NO. 2112 OF 2006
RAVINDRA V. GHUGE, SUNIL K. KOTWAL
Mr. Y.R. Barhate for petitioner, Mr. B.A. Shinde, A.G.P. for respondent Nos.1 and 2, Mr. A.B. Dhongade for respondent No.3
The State of Maharashtra, The Commissioner, Persons with Disabilities, Maharashtra State, Pune, The Maharashtra State Road Transport Corporation
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Nature of Litigation
Writ petition challenging disengagement from service and seeking absorption with arrears of salary and pay fixation under Section 47 of the Persons with Disabilities Act, 1995.
Remedy Sought
The petitioner sought absorption in employment with arrears of salary and pay fixation from his original date of appointment.
Filing Reason
The petitioner was disengaged from service after losing one eye in a work-related accident, and his subsequent re-appointment as a fresh employee did not consider his earlier service for pay fixation.
Previous Decisions
The petitioner was disengaged on 28.05.2002 and later re-appointed as a Peon on 08.12.2004 during the pendency of the petition.
Issues
Whether the petitioner is entitled to pay fixation from his original date of appointment (17.04.2001) despite being re-appointed as a fresh employee on 08.12.2004.
Whether Section 47 of the Persons with Disabilities Act, 1995 mandates continuity of service and protection of pay for employees who become disabled during employment.
Submissions/Arguments
Petitioner argued that under Section 47 of the Disabilities Act, he is entitled to be absorbed in employment with pay protection and continuity of service from his original appointment date.
Respondent No.3 opposed the petition, relying on the affidavit-in-reply dated 26.02.2007, and argued that the petitioner was re-appointed as a fresh employee and thus his pay should be fixed from the date of re-appointment.
Ratio Decidendi
Under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, an employee who becomes disabled during the course of employment is entitled to be absorbed in a suitable post with pay protection and continuity of service from the original date of appointment.
Judgment Excerpts
By this petition, the petitioner has challenged his disengagement from 28.05.2002 and prayed for his absorption in employment alongwith arrears of salary and pay fixation.
Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has been invoked.
There is no dispute with regard to the petitioner having been appointed as a Driver on 17.04.2001 and he having suffered an accident on 24.02.2002 out of and in the course of his employment with respondent No.3.
The issue before us is that after the petitioner was appointed as a fresh employee on 08.12.2004, his pay fixation has been done taking into account his date of appointment as being 08.12.2004.
His earlier service from 17.04.2001 till 24.02.2002 has not been considered and consequentially the
Procedural History
The petitioner filed Writ Petition No. 2112 of 2006 before the Bombay High Court (Aurangabad Bench) challenging his disengagement from service on 28.05.2002 and seeking absorption with arrears of salary and pay fixation under Section 47 of the Persons with Disabilities Act, 1995. During the pendency of the petition, the petitioner was re-appointed as a Peon on 08.12.2004. The court heard the matter and delivered judgment on 10.11.2017.
Acts & Sections
- Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: Section 47
