S.Balraj Vs The Regional Manager, Apsrtc Mahaboobnagar Region

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

W.P.No. 22077 of 2011

ORDER:

The petitioner was appointed as conductor in the respondent-Corporation. He suffered disability while in service and taking the same into account, the respondents have appointed him as shramik. The grievance of the petitioner is that though he is provided alternative employment in terms of the Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 (for short “the Act”) his pay was not protected. He submits that protection accorded under Section 47 of the Act was not extended to him.

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Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

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The very purpose underlying the Act is to ensure that if an employee suffers any disability in the course of employment, he shall not only be continued in service in other capacity, but also his emoluments must be protected. For instance, if an employee working in a particular post suffers disability and he is rehabilitated in the lower category of the post, his pay scale must be same as he was drawing earlier. This aspect of the matter was dealt with by this Court in W.P.No.7890 of 1999.

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Hence, the writ petition is disposed of directing the respondents to extend the benefit of pay protection to the petitioner in terms of Section 47 of the Act within a period of six weeks from the date of this order. The petitioner shall not, however, be entitled to any arrears on this count. There shall be no order as to costs.

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L.NARASIMHA REDDY,J

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Dt.04.08.2011

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lvl

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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W.P.No. 22077 of 2011

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Dt.04.08.2011

S.Balraj v. The Regional Manager, Apsrtc Mahaboobnagar Region

Case brief

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S.Balraj v. The Regional Manager, Apsrtc Mahaboobnagar Region

Case brief

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