Paralysis Disability while in service – Section 47 of the Persons with Disabilities Act, 1995

In October, 2007, while working as Police Constable, the applicant suffered paralysis and became physically disabled.

Respondent No.1 asked the applicant to appear before the Medical Board and to apply for voluntary retirement.  Accordingly, he retired on 5.9.2019.

However, according to the applicant, the respondents did not discharge their obligations as per Section 47 of the Persons with Disabilities Act, 1995, to protect his services.

By the Circular dated 8.8.2011 of the Home Department of the Government of Maharashtra, to enforce the obligations as per Section 47 of the Disabilities Act and the judgment dated 5.7.2011 of the Tribunal in O.A. No.337 of 2011.

No establishment shall dispense with, reduce in rank, an employee who acquires during his service.

Judgment dated 16.4.2025 of the Maharashtra Administrative Tribunal, Mumbai, in Misc. Application No.163 of 2022 in Original Application No.286 of 2022 of Shri Mohammad Hanif Isaque Shaikh and others    Vs.   The Commissioner of Police, Pune and another