Court judgements: Rajasthan High Court

1. University Of Rajasthan V. Surendra Kumar Goyal
(2003) 2 RLW 837
Civil Appeal No.989/2002
Decided on: 03.02.2003
Rajasthan High Court
Judge: Anil Dev Singh, CJ.

Fact: Surendra Kumar Goyal was working as an Aquatic Coach by the University of Rajasthan. He was also commissioned for the short service commission of the army. While in service he got spinal injury. The Medical Board appointed by the University recommended that he was not fit for his duties and was advised to retire from service. He filed a petition in the court challenging the decisions of the University syndicate. The learned single judge ordered the University to restore the post to the respondent and payback his wages on his reinstatement. Feeling aggrieved by the court order the University filed this present appeal in the High Court of Rajasthan. The appellant argued that the provisions of Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 would not be applicable to him since he acquired disability earlier to the Act came into force.

Held: Though the respondent suffered from disability earlier to the PWD Act came into force, the provisions of the Act is also applicable to him. It is clearly mentioned in the Act that no establishment shall dispense with, or reduce in rank, an employee who acquires disability during his service (sec47). Moreover, there was no opportunity was given to the respondent to prove he is capable of discharging his duties as Aquatic Coach or any other alternative job. So the University authorities violated the principle of natural justice. Based on these conclusions the court directed the authorities to restore the respondent back to the position he was holding before or to adjust in any other equivalent position within three weeks of the order.

2. Union Of India V. Hasan Khan
(2003) 1 RLW 626
Civil Writ Petition No.9648/2002
Decided on 03.02.2003
Rajasthan High Court
Judge: Anil Dev Singh, CJ

Fact: Hasan Khan was appointed as Statistical Assistant in government of Rajasthan service. Meanwhile he was found unfit for government service on account of medical disability. So the respondent was granted disability pension. Being aggrieved by this decision he filed an original application before Central Administrative Tribunal, Jaipur Bench. And this bench ordered that the respondent should deemed to be in service with all consequential benefits. The order of the Central Administrative Tribunal was challenged by this petition. The petitioner mentioned that the disease has reduced the respondent’s mental faculty to the level of a ten year old child. Also submitted that the provisions of PWD Act are in conflict with the Central Civil Services (Pension) Rules, 1972 and the Industrial Disputes Act, 1947.

Held: Under Section 47 of the PWD Act, no establishment shall dispense with, or reduce in rank, an employee who acquires disability during his service. 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, which ever is earlier. This is the mandate of the Act and which cannot be ignored. With the aforesaid reasoning the court did not find any infirmity in the order of the tribunal.