Judgment Search Results Home > Cases Phrase: persons with disabilities equal opportunities protection of rights and full participation act 1995 section 55 act not to apply to institutions established or maintained by the central or stategovernment Page 1 of about 1 results (0.209 seconds)

Sri. Belliyappa Gowda Vs. the K.S.R.T.C. Represented by the Managing D ...

Court : Karnataka

Reported in : ILR2007KAR5325; 2008(1)AIRKarR77

..... (supra) has held as under:persons with disabilities (equal opportunities, protection of rights and full participation) act (1995), sections 47, 2(t) -applicability- person acquiring disability during service-entitled to be protected under section 47 of act provisions of section 47 granting protection are mandatory.an employee, who acquires disability during his service, is sought to be protected under section 47 of the act specifically. ..... hence, the said judgment is per-in-curium and the regulation framed by the corporation contrary to above act restricting to consider to accommodate persons with disabilities suffered only during course of employment and not otherwise. ..... such a judgment does not stand to the reason as the very concept of 1995 act provides that 'such an employee, acquiring disability, if not protected, would not only suffer himself, but possibly all those who depend on him would also suffer and the very frame and contents of section 47 clearly indicate its mandatory in nature. ..... because, the appellant was an employee, who has acquired 'disability' within the meaning of section 2(i) of the act and not a person with disability.further merely because under rule 38 of ccs pension rules, 1972 the appellant got invalidity pension is no ground to deny protection, mandatorily made available to the appellant under section 47 of the act. .....

M.V. Ramana Rao Vs. Apsrtc and ors.

Court : Andhra Pradesh

Reported in : 2003(3)ALD550; 2003(4)ALT150

..... with regard to the applicability of the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, it is already held by this court that the act referred to above is applicable to the employees of the state road transport corporation and the same is also evident from the provisions of the said act that the act is made applicable to the establishments of the state government also. ..... , the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 is a central piece of beneficial legislation for the disabled. ..... as such, there is clear provision under section 72 of the act to the effect that the provisions of the act or rules made thereunder are in addition to, and not derogation of any other law for time being in force or any instructions issued or enacted for the benefit of the persons with disabilities. ..... applying the provisions of the said act, if an employee acquires the disability during his service, and not suitable for the post held by him, he/she could be shifted to some other post with same pay scale and service benefits. .....

Delhi Transport Corporation Vs. Rajbir Singh

Court : Delhi

Reported in : 100(2002)DLT111; 2003(2)SLJ102(Delhi)

..... this mindset of the employer is creating difficulties in the implementation of the provision.here again, notwithstanding the aforesaid provision, the experience has shown that proper respect has not been given to this provision.besides, the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, the rehabilitation council of india (rci) act, 1992 and the national trust (for welfare of persons wit autism, cerebral palsy, mental retardation and multiple disability) act (nta), 1999 have focused on the issue and welfare of persons with disability.9. ..... rehabilitation refers to the process armed at enabling persons with disabilities to reach and maintain optimal physical, sensory, intellectual, psychiatric or social functional levels.chapter-ii provides for the formation of central coordination committee and central executive committee to perform the functions under the said act.chapter-iii provides for the formation of the state coordination committees and state executive committees to carry out the mandate of the said act.chapter-vi provides for identification of posts which can be reserved for persons with disability and section 33 provides for reservation of posts of not being less than 3% for the class of persons with disability and the action mentioned .....

Union of India (Uoi) Thru G.M. Western Railway Vs. Sanjay Kumar Jain

Court : Delhi

Reported in : 2003(1)SLJ183b(Delhi)

..... while denying the opportunity to the respondent the petitioner overlooked the provisions of section 27(2) of the person with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (for short 'the act'). ..... the parliament enacted the persons with disabilities (equal opportunities, protection of rights and full participation act, 1955 (act no. ..... in the circumstances, thereforee, the central administrative tribunal was entirely right in quashing the order dated september 20, 2000 to the extent the respondent was denied and excluded participation in the viva voce test for selection to group 'b' post. ..... the action of the appellant whereby the respondent was not invited to participate in the interview on the ground of his disability is clearly against the object and purpose of the act. ..... we also note that vide circular dated 24th april, 1998, which is at page 59(a) of the appeal paper book, directions have been issued to the concerned authorities of the railway administration to apply the provisions of the aforesaid act even in case of staff who acquire disability during service.4. .....

Transport Manager and anr. Vs. Maheshwarsinh Karansinh Jadhav

Court : Gujarat

Reported in : (2007)1GLR659

..... relevant paragraphs 1,2 and 3 are quoted as under:a short controversy emerges in this writ petition as to whether in view of the payment made by the respondent on account of compensation to the petitioner who has rendered medically unfit and was retired prematurely on medical ground, the petitioner is not entitled to reinstatement under section 47 of the persons with disabilities (equal opportunities, protection of rights and full participation ) act, 1995 (hereinafter called 'the act'). ..... 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.section 47(2) thereof provides that no promotion shall be denied to a person merely on the ground of his disability.proviso to section 47(2) provides 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 ..... this statement amply applies in the case of the disabled. ..... hence rule 38 of the central civil services (pension) rules cannot override section 47 of the act. ..... therefore, applying the notional extension theory in case of such injury benefit of provisions of workmen compensation act, 1923, the respondent is entitled the benefit under section 47 of the act. .....

The National Federation of the Blind Tiruchi Branch Vs. the District C ...

Court : Chennai

..... welfare and nutritious meal programme department, dated 04.12.2002, is not applicable to the facts of this case, for the reason that it is only for setting up of home or orphanages for differently abled, destitutes and for children and that it does not confer any preferential right to the petitioner's federation, to seek for allotment of land, as a matter of right for setting up a training institution, cannot be countenanced, for the reason, that on a conjoint reading of sections 38 and 43 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, it is the statutory duty and obligation of the appropriate government and local authorities to frame and notify schemes for ensuring employment to persons with disabilities. ..... in addition to the above, learned counsel for the petitioner, who himself is visually impaired, has also brought to the notice of this court that, section 43 of the persons with disabilities [equal opportunities, protection of rights and full participation] act, 1995, and submitted that the government and the local authorities have a statutory duty and obligation to provide lands on preferential basis, on concessional rates, for --(a) house;(b) setting up business;(c) setting up of special recreation centres;(d) establishment of special schools;(e) establishment of research centres;(f) establishment of factories by entrepreneurs with disabilities."5. .....

Tamilnadu Association Vs. the Secretary to Government, and ors.

Court : Chennai

..... pleader appearing for the respondents and having regard to the government order in g.o.ms.no.704 dated 15.8.1964 giving relaxation of upper age limit to physically challenged persons in all government appointments, which is still in force, which was issued prior to the enactment of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 and having regard to the statutory provision available under section 38 (1) of the the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, which mandates the appropriate governments and the local authorities to formulate a scheme for ensuring employment of the persons with disabilities and provide for the relaxation of upper age limit, this court is of the view that the petitioner association is ..... counsel for the petitioner further submitted that the petitioner association approached the second respondent seeking relaxation of age for physically challenged persons and the second respondent, through d.o.letter no.5910/daw 3.1/2012, dated 24.5.2012, recommended the claim made by the petitioner association for relaxation of upper age limit upto ten years to differently abled persons for appointment to the post of anganwadi workers, and till date, the first respondent has not taken any decision either to grant relaxation of age or not and the last date ..... as per the central act, the first respondent cannot reject the request seeking upper age .....

North East Karnataka Road Transport Corporation Gulbarga Division by I ...

Court : Karnataka

Reported in : 2007(5)KarLJ131; 2007(3)KCCRSN125; 2007(3)AIRKarR535; 2007-III-LLJ-664(DB

..... as the labour court's award was in keeping with the provisions contained in section 47 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 [hereinafter referred to as 'the said act' for short] and the judgment of the hon'ble supreme court in the case of kunal singh v. ..... counsel appearing for the appellant-corporation, has urged the following contentions vehemently:(i) unless the employee produces the disability certificate issued by the medical board under rule 4 of the persons with disabilities (equal opportunities, protection of rights and full participation) rules, 1996 [hereinafter referred to as the said rules' for short], the question of extending the same pay-scale and service benefits, which he had prior to the change of cadre does not arise at all;(ii) as on the material date of seeking the change of cadre, the said act had not come into force;(iii) the respondent is not a person with disability as defined under section 2(t) of the said act;(iv) the change of cadre (from ..... aggrieved by the aforesaid award, the appellant instituted the writ petition. ..... the inhibition against retrospective construction has to be applied with less insistence in the case of welfare legislation and remedial statutes. .....

Lance Naik Vinod Kumar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 2003(4)MPHT426

..... the parliament has now passed an act known as 'persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995'. ..... in construing a provision of a social beneficial enactment that too dealing with disabled persons intended to give them equal opportunities, protection of rights and full participation, the view that advances the object of the act and serves its purpose must be preferred to the one which obstructs the object and paralyses the purpose of the act. ..... ' 'the need for a comprehensive legislation for safeguarding the rights of persons with disabilities and enabling them to enjoy equal opportunities and to help them to fully participate in national life was felt for a long time. ..... -- (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. ..... section 2 of the act has given distinct and different definitions of 'disability' and 'person with disability'. ..... therefore, this act would apply to the persons employed in the army also. .....

Ravi Kumar Arora Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 111(2004)DLT126; 2004(3)SLJ486(Delhi)

..... judicial proceedings, which resulted in the legislation of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 ( hereinafter to be referred to as, 'the said act' ) are sought to be negated by the ingenuous method of forming one committee after another to identify the posts for the benefit of the persons with disability. ..... vacancy under section 33 cannot be filled up due to non-availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disability is not available, it ay first be filled by interchange among the three categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may .....