Live Law has reported, that the Supreme Court of India awarded INR 1.25 crore (Indian Rupees 12.5 million) to a Central Reserve Police Force ("CRPF") constable, who was unlawfully discharged on account of losing his eyesight during service due to an ophthalmic condition in 1996. The State submitted that, the constable lost his right to be reinstated under the provisions of the Rights of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 since he opted for grant of Disability Pension. Further, it was claimed that his reinstatement was barred since the application of above Act was exempted for the CRPF in year 2002 by Notification.
The Apex Court rejected the above submissions. Critical of the apathetic conduct of the State, the Court observed that as a model-employer they should have been aware of their statutory obligations & provided an alternate role to the constable suitable to his disability by themselves.
Accordingly, the Court directed that the Constable be paid INR 1.25 crore (Indian Rupees 12.5 million) , towards back wages, interest, and costs. The decision affirms Section 47 of the PwD Act, 1995, which forbids discrimination against any government employee based on their disability, acquired during the course of service.
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