Krishan Kumar v. Uttar Haryana Bijli Vitran Nigam And ORS

  


     

   



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"C. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, proviso to Section 47 - Non- discrimination in Government employment-ExemptionClassification-Idea of Section 47 is not to discriminate against employees who acquire disability during service-Discrimination cannot be viewed in the abstract and the doctrine of classification is an important adjunct to the doctrine of discrimination-If there is an intelligible differentia having a rational relation to the object sought to be achieved, a provision will not be held to be discriminatory - It is clear that an exemption provision is based on such a classification and exempting any establishment from not dispensing with service or reduction in rank or not granting promotions has a rational relation to the object sought to be achieved, namely, that the "type of work carried on in an establishment may be such that a disabled employee's services may have to be dispensed with and/or promotion denied. [Para 22];

D. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, proviso to Section 47 - Non-discrimination in Government employment - Disabled employees Exemption notification Contention of behalf of the appellant that the exemption notification dated 10th September, 2002 will not apply for the reason that the accident took place prior to 2002 repelled - Exemption notification will apply to all cases in which an employee's services are dispensed with - Relevant date is the date of dispensing with service and not the date on which the disability is incurred - Section 47 prohibits an establishment from dispensing with the service of an employee who acquires disability during his service - Since service was dispensed with on 1st July, 2011, i.e. long after the date of the exemption notification, the notification will, obviously, apply. [Para 25]>   

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