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Section 47 of PwD Act  & Termination of MSRTC Driver for accident disability

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The husband of the petitioner no.1 and father of the petitioner no.2 was appointed as Driver in MSRTC on 30.10.1996.

He met with an accident on 2.4.2013.  He could not recover and work as Driver.  He made an application on 12.10.2013 to give light work.   The Medical Board certified that he was not able to work as driver but fit for light work.

However, the respondent no.3 terminated the driver on 6.2.2014 on the ground that he was not fit to work as driver.

The driver died on 22.2.2014.

On 17.3.2014, the petitioners applied for compassionate appointment.  It was rejected on the ground that such appointment is given to a person whose relative died while in service.

HELD that in view of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the driver could not be terminated from the service on account of acquiring disability while in service.

Considering Section 47 of the Act of 1995, this court finds that the petitioner no.1’s husband (deceased) could not have been terminated from service merely on the ground of acquiring disability. It is more so, when the Medical Board has clearly opined that the deceased was fit for doing light work. The authorities ignored the said report and terminated the services of the petitioner no.1’s husband (deceased), which is against Section 47 of the Act of 1995.

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