Sanjay S/O Babarao Ganjare v. Maharashtra State Road Transport Corporation , Thr.Its-Divisional Controller

2023:BHC-NAG:13659-DB wp 746.18.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.746/2018 Sanjay V Maharashtra State Road Transport Corporation, Nagpur ****************************************************************************** Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

****************************************************************************** Mr. S.A. Nerkar, Adv for petitioner.

Mr. S.A. Sonak, Adv for respondent.

C ORAM : AVINASH G GHAROTE & URMILA JOSHI-PHALKE, JJ.

DATE : 13-09-2023 The termination of the petitioner by the order dated 01-07-2016 on in account of the person suffering from disability during the course of the employment. A statement is made that during the pendency of the petition the petitioner was reinstated, as a result of which, prayer clause (i) does not survive. The only question is regarding the entitlement of the backwages. In view of Section 20(4) of the Rights of Persons with Disabilities Act 2016, the termination was not permissible and all that the respondents could have done was to shift the petitioner to suitable post considering his disablement with the same pay scale and service benefits. In view of which, though Clause (3) of Circular dated 10-09-2008 has been relied upon, the petitioner would be entitled to full backwages for the aforesaid duration as the Circular cannot displace the effect of Section 20(4) which is in pari materia of Section 47 of the old Act i.e. Persons with Disabilities (Equal Opportunities, Protection of Rights and

wp 746.18.

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The petition is, therefore, allowed and the respondents are directed to pay the backwages for the duration when the petitioner was terminated and reinstated within a period of three weeks from today.

JUDGE JUDGE Deshmukh