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Bombay HC – Termination for Disability while in Service is illegal under Section 47 of the PwD Act.

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Judgment dated 17.10.2025 of the High Court of Bombay in Writ Petition No.4209 of 2017 of Smt. Jyoti Jayesh Tayade   Vs.  The Commissioner, Municipal Corporation of Greater Mumbai and others

The petitioner – security guard in BMC – while in service suffered an accident and was rendered unfit for the job.   She was terminated from the service.

The Commissioner for Persons with Disabilities, held that the termination was in violation of Section 47 of the Persons with Disability (Equal Opportuities, Protection of Rights and Full Participation) Act, 1995 and directed reinstatement with all the benefits of service as per the rules. 

She was accordingly reinstated in service on 29.3.2018.

However, the petitioner was not paid back wages from June, 2013 to 29.3.2018.

HELD that no employee acquiring disability during serviced shall be terminated or reduced in rank.   Therefore, the petitioner was entitled to be deemed in continuous service from the date of disability until reinstatement.

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