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Employment and Disability - Judgement

 

How are service benefits like salary, promotions and rank within the organization protected?

Mandatory Reservations

  • Ratheesh Babu vs. UGC
  • Dilip Baruah vs. State of Assam and Ors
  • R Manoj Kumar vs. University of Hyderabad Rep by its Registrar
  • Dalbir Singh Bagga vs. State of Punjab and Ors
  • Ram Sevak Tripathi vs. U.P. Public Service Commission and Ors
  • Vinod Kumar Rai vs. Public service Commission, Allahabad
  • Daya Ram Tripathi vs. State of U.P. and another
  • Nanjala Bayamma vs. Revenue Divisional Officer and Anr
  • Jaswant Singh vs. State of Haryana and Another
  • Anjali Arora vs. National Thermal Power Corporation

Reservation only for those who do not Qualify on Merit

  • All India Confederation Of The Blind vs. Govt. of NCT of Delhi
  • Government of National Capital Territory of Delhi and Ors vs. All India Confederation of the Blind

Acceptable Qualifications

  • Bharat Lal Meena vs. Govt of NCT of Delhi

Definition of the Term "During Service"

  • SK Maulana vs. APSRTC
  • DTC vs. Rajbir Singh
  • Union of India & Ors vs. Mohd Mobin Khan & Anr
  • Satyabir Singh vs. Delhi Transport Corporation &Anr

Definition of Reinstatement

  • Rajbir Singh vs. AJS Sawhney

Reinstatement when Disability is Acquired During Service

  • Md Jani Miya vs. APSRTC
  • KV Ranga Reddy vs. DIG Border Security Force
  • Dharambir vs. DTC
  • Ramphal vs. DTC
  • KJ Dhulia vs. State of Gujarat
  • Baljeet Singh vs. Delhi Transport Corporation
  • DTC vs. Balram Sharma
  • Sulochana vs. APSRTC, Hyd and Another
  • Delhi Transport Corporation vs. Rajbir Singh and Sadh Ram
  • Syed Sha Musebulla Alvi vs. Secretary, General Administrative Department, Secretariat, Hyderabad and others
  • APSRTC vs. M V Ramana Rao
  • Metropolitan Transport Corporation vs. the Presiding officer, Principal Labour Court
  • Ravichandran vs. Metropolitan Transport Corporation Ltd
  • University of Rajasthan vs. Surendra Kumar Goel
  • A John Peter vs. Manager, Tamil Nadu Transport Corporation
  • Virender Kumar Gupta vs. Delhi Transport Corporation
  • Hari Om Singh vs. Union of India and Ors
  • Virender Kumar Gupta vs. Delhi Transport Corporation
  • Kunal Singh vs. Union of India
  • Sadh Ram vs. Delhi Transport Corporation
  • LIC vs. Chief Commissioner for disabilities, Harish Chander Dabral and Dr.Uma Tuli, Managing Director, Amar Jyoti Trust
  • Shri Sunil Kumar vs. Delhi Transport Corporation
  • Anand Bihari & others vs. Rajasthan State Road Transport Corporation, Jaipur & anr
  • Krishan Chander and PO Bhainswal Kalan vs. Delhi Transport Corporation
  • Gujarat State Road Transport Corporation vs. Gopal Motambhaia Patel
  • Delhi Transport Corporation vs. Ganpat Singh
  • S. Rajendran vs. the Deputy Commissioner of Police, Crime and Traffic and the Commissioner of Police
  • J. Benjamin vs. the Management of Bharat Earth Movers Limited, Kolar Gold Field
  • Narain Singh vs. Delhi Transport Corporation and anr
  • Mohd Yasin Ansari, Gyanendra Singh, Inder Deo, Ishu Narayan, Anil Singh and Hasib Ahmed Islam vs. Union of India and Ors
  • Shri Jagdish Prasad vs. Delhi Transport Corporation & the Depot Manager
  • Delhi Transport Corporation vs. Sh. Himmat Singh and Others

Compensation does not bar Claim for Reinstatement

  • Kuldeep Singh vs. Delhi Transport Corporation
  • Rajamani vs. State Express Transport Corporation Ltd. Rep. by its General Manager

Reinstatement in Special Circumstances

  • Dr Kanshi Ram Anand vs. the State of U.P. and another

Posthumous Reinstatement

  • Mahipal Singh vs. Delhi Transport Corporation and Anr

Payment of Minimum Wages

  • Delhi Administration through Directorate of Social Welfare vs. Presiding Officer

Pay scale once fixed cannot be altered

  • Delhi Transport Corporation through Regional Manager vs. Ishwar Singh, Batch No. 15664 S/o Shri Dalip Singh, The Presiding Officer Industrial Tribunal I and The Government of NCT of Delhi through the Secretary Labour and Human Welfare Ministry
  • Union of India & Others vs. Hari Ram Shukla & Others

Scope of Government Organizations under Purview of the PWD Act

  • MV Ramana Rao vs. APSRTC

Special Concessions

  • R. Govindarajan vs. Hindustan Petroleum Corporation Ltd
  • V.K. Bhasin vs. State Bank of Patiala and Ors
  • Rakesh Kumar vs. All India Institute of Medical Sciences & Others
  • Sunil Raosaheb Narke vs. Air India and Anr
  • Vikram Trisal vs. Union of India and Ors
  • Sandhya Jain, Rajana Purwar, Satyendra Pal Singh, Smt.Anjana Mishra (Dixit), Jyotsana Bhatnagar vs. State of U.P & Others
  • Irrigation Development Employees Association & Ors vs. Government of A.P. & Ors
  • T. Raja Rama Mohan Rao vs. Income-tax Officer
  • Shri Suresh Kumar Tiwari vs. Union of India (UOI) and Ors
  • D. Saibaba vs. Bar Council of India

Instances when Compassionate Employment is Granted

  • Uppala Venkat vs. Divisional Railway Manager (P), South Central Railway, Secunderabad and Others

Employment to a Family Member only if Declared ‘Disabled’

  • Lal Chand vs. State of Haryana and others

Reduction of Posts only with Valid Reason

  • Shruti Kalra vs University of Delhi

Creation of a Supernumerary Post

  • Lance Naik Vinod Kumar vs. Union of India
  • K Kamatchi vs. the Managing Director, Tamil Nadu State Transport Corporation Madhurai (Division IV) Ltd. and the Tamil Nadu State Transport Corporation Pvt, Kumbam Branch
  • L. Loganathan vs. The Managing Director, Tamil Nadu Express State Corporation and the General Manager (Amdn), Tamil Nadu Express State Transport Corporation

Continuation of Service till the age of Superannuation

  • Tarlochan Singh Aujla vs. Delhi Transport Corporation
  • Rama vs. State of Rajasthan and Ors
  • Shivaji S/o Vishwanath Dongre vs. State of Maharashtra and Ors

Instances when Special Compensations are Granted

  • Rajanna vs. Union of India

Non Discrimination in Service

  • Pradeep Jagannath Talekar and Others vs. Union of India and Ors
  • Nand Kumar Jivan Dalvi vs. Union of India through the Director General, ESIC, New Delhi and Anr
  • Jai Shankar Prasad vs. State of Bihar and Others
  • Orissa Association for the Blind and others vs. State of Orissa and others
  • Ghanakeshi Sahu vs. Director, Elementary Education, Orissa
  • Smt Omvati Kalshan vs. Delhi Development Authority

Government Appointments subject to State Rules

  • Binu vs. State of Kerala

Alternative Employment on Acquiring Disability

  • O.P. Sharma vs. Delhi Transport Corporation & Anr
  • Md. Sukur Miya and Anr. vs. Singareni Collieries Company Limited and Ors.
  • P. Thangamarimuthu vs. Tamil Nadu State Transport Corporation, Madurai (Division-1) Ltd., through its Managing Director
  • Zammel Ahmed vs. Regional Manager, U.P.S.R.T.C. and Ors
  • Rajinder Kumar Sharma vs. Union of India (UOI) and Ors
  • Gujarat State Road Transport Corporation vs. Hanitsinh Thakubha Parmar
  • E. Subramani vs. the General Manager, (Administration) Puratchi Thalaivar MGR Transport Corporation
  • Shree Satish Prabhakar Padhye vs. Union of India (UOI) through the Secretary Ministry of Law Justice and Company Affairs (Legislative Department) and Ors
  • Vijender Singh vs. Delhi Transport Corporation
  • L.Loganathan vs. the Managing Director, Tamil Nadu Express State Transport Corporation and the General Manager (Admn), Tamil Nadu Express State Transport Corpn

Pay Scale to be protected in Alternative Employment

  • Narendra Kumar Chandla vs. State of Haryana and Ors
  • Satya Prakash Meena vs. Union of India through General Manager, Western Railway, Churchgate, Mumbai and Anr
  • P.Pardhasarthy vs. Union of India (UOI) and Ors
  • K. Satyanandam, Peon vs. Chairman, Ministry of Railways and Ors.

Provide Compensation or give Alternative Jobs

  • Rameshwar Dass and Others vs. State of Haryana and Others
  • Jaswant Singh and another vs. State of Punjab

Matters related to Promotion

  • Union of India and Others vs. Hari Ram Shukla and Others
  • M. Krishna Das vs. the Chairman, Railway Board and Ors

Matters Related to the Teaching Staff of Special Institutions

  • Surekha d/o Nagorao Pawar (Kumari) and Ors vs. State of Maharashtra and Ors

Statutory Authority to Exercise Impartial Discretion in Retrenchment

  • U.P. State Road Transport Corporation and another vs. Mohd Ismail and others

Follow Procedure for Termination

  • Captain Virendra Kumar vs. Union of India

Entitlement to Earned Leave on Acquiring Disability during Service

  • Devki Nandan (Dr.) vs. Union of India (UOI) and Ors

Implementing Reservation

  • Sayed Dasthagiri Pasha vs. Osmania University, rep. by its Registrar
  • State of Rajasthan and Anr vs. Shiv Kumar Singh

Directions to Seek Relief under the Act

  • N. Siva Kumar vs. APSRTC, Musheerabad, Hyderabad and Others

How are the provisions of the PWD Act interpreted?

Three percent Reservation to be Equally Distributed

  • Perambaduru Murali Krishna and Ors vs. The State of Andhra Pradesh and Ors

Exemption from the Act to be Notified

  • RK Arora vs. Union of India

Three percent reservation does not include Merit Qualifiers

  • All India Confederation Of The Blind vs. Govt. of NCT of Delhi

Applicability of the Provisions of the Act

  • UOI through G.M. Western Railway vs. Sanjay Kumar Jain
  • Union of India vs. Sanjay Kumar Jain

How are employment opportunities for the disabled created and protected?

Special privileges to be accorded to the Disabled

  • Shri Niaz Ahmad vs. Union of India & Others

Vacancies for Reserved Categories to be duly filled up

  • Anthosh Kumar Panigrahi vs. P. Narayanan, Chief General Manager, HRMD Nabard and Ors

Identify Posts for Reservation

  • Dr. Honey Arya vs. Punjab University
  • Ray John Varghese vs. State of Kerala
Certain posts cannot be denied on ground of Disability

  • Ramesh Chander vs. R.L. Chugh, P.O, Industrial Tribunal

What are the limitations of the Act?

Alternate Employment not Provided

  • Nandkumar Narayanrao Ghodmare vs. State of Maharashtra and Others

All Charges to be Substantiated

  • Capt. Rachpal Singh vs. Union of India
  • Lt. Col. Jagannath Singh Pathania (Retd.) vs. Union of India (UOI) and Anr

Concessions Granted only when Disability is over Forty Percent

  • Union of India and Others vs. KP Singh

Meet Basic Merit Requirements

  • Prakash Chandra vs. Guru Gobind Singh Indraprastha University and Ors
  • S.D. Sridhar vs. Union of India (UOI) and Ors
  • Smt. G. Mallicka vs. the Municipal Council and Ors.

Recruitment Rules Governing a Post must be Honored

  • The Joint Commissioner of Customs (Personnel and Vigilance, representing Union of India (UOI) and the Deputy Commissioner of Custom (P and V) vs. Smt. T.E. Radha, Sundaraj Gugan, Examiner and the Registrar, Central Administrative Tribunal, Madras Bench
  • Sarika vs. State of U.P and Ors

Reservation in Certain Services not to exceed 50 percent of total posts

  • State of U.P and Anr vs. Pawan Kumar Tiwari and Ors

Sub Categorization in Disability Category not Allowed

  • K.V. Ramana vs. the Director, O/o Director General of Audit (Defence Services) and Ors

Claim for Employment on Compassionate Grounds, to be made within a Specified Time

  • G. Mallikharjuna Rao vs. District and Sessions Judge, Nellore and another

Section 47 not applicable to Private Bodies

  • Hem Chand vs. Union of India (UOI) and Ors

Decision of Stipulated Body Final in Judiciary Transfers

  • Registrar General of High Court and Anr vs. Chitra Biswas and Ors

UGC Decision Cannot be Interfered with in Certain Matters

  • All India Confederation of the Blind vs. Union of India and Anr

What are the limitations to the privileges accorded to the disabled?

Equality before Law

  • Srikrishan Gupta vs. Govt. of NCT of Delhi & Ors

What conditions must be satisfied before a Writ Petition is filed?

Legal Procedures to be Followed

  • Rajesh Kumar vs. Hindustan Aeronautics Ltd and Ors
  • The Managing Director, Tamil Nadu State Transport Corporation (Madurai Division IV) Ltd. vs. P. Ellappan
  • Pushpa Kumari and Ors vs. GAIL (India) and Anr

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