S.J. Mukhopadhaya. ACJ , J. - (1.) The petitioner has challenged the order contained in letter dated August 18, 2004. whereby and where-under the petitioner having been declared permanent disabled, has been relieved from service.
(2.) The main plea taken by the petitioner is that he is entitled to the benefit under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter to be referred as 'Disabilities Act').
(3.) Counsel for the respondents has referred to a Notification S.O. 995 (E) dated September 10, 2002 issued by the Central Government, in exercise of powers conferred by proviso to Section 47 of the Disabilities Act, 1995. By the said Notification, the Central Government has exempted all categories of post of "Combatant Personnel" of Central Para - military Force; Central Reserve Police Force; Central Industrial Security Force; Indo-Tibetian Border Police Border Security Force and Assam Rifles.;