- (1.) The petitioner, who is 100 per cent disabled having met with an accident on 11.9.2007, has been agitating his case for grant of benefits under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter known as 'the Act').
(2.) The material on record would indicate that the petitioner suffered injuries in a road accident while on his way to the office and as per the medical certificate issued by the office of the Civil Surgeon, Ludhiana dated 6.5.2009 the petitioner has suffered 90 per cent permanent physical impairment after having been diagnosed with 'quadriparesis and higher brain centre injury'.
(3.) The factum of the accident, the injuries suffered by the petitioner, his vegetative condition and his inability to perform his functions have not been denied by the respondents. The petitioner claims the benefits of Section 47(1) of the Act which is extracted herebelow : "47. Non-discrimination in Government employments.--(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service: 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." Undeniably the petitioner was promoted as XEN with effect from January 2008, but the respondents are now not paying him any salary since March 2009. The respondents by way of an affidavit of Mr. Tilak Raj Chauhan, Superintending Engineer, Sirhind Canal Circle, Ludhiana have stated "that all the benefits admissible to the petitioner under the Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has already been granted to the petitioner.";