Devi Prasad Singh, J. - (1.) Heard learned Counsel for the parties.
(2.) Petitioner was appointed on the post of Police Constable in the year 1971. Thereafter, he has been continued in service as regular employee of the department. In pursuance to order passed by the competent authority, the petitioner was appeared before a Medical Board on 22.1.1986 at Lucknow. The Medical Board on 22.1.1986 had given opinion that petitioner is unfit to be retained in service as he is suffering from a disease called "Motor Neuron disease involving all the four limbs". After receipt of report from Medical Board by the impugned order petitioner's services were dispensed with subject to payment of disability pension w.e.f. 22.1.1986.
(3.) While assailing the impugned order learned Counsel for the petitioner has relied upon Section 47 of the "Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short hereinafter referred as Act). The submission of the learned Counsel for the petitioner is that in view of provision contained in Section 47 of the Act the impugned order suffer from substantial illegality and it was incumbent upon the opposite parties to adjust the petitioner on any post for which he suitable to discharge duty. Section 47 for convenience is reproduced as under : "47. Non-discrimination in Government employment.-- No establishment shall dispense with, or reduce in rank, an employee who acquires a, Provided that, if an employee after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits : Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (2) No promotion shall be denied to a person merely on the ground of his disability : Provided that the appropriate Government may, having regard to the type of work carried on in any establishment by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.";