The department is trying to terminate my service on the ground of disability acquired during service however, I am still able to discharge another duty or function in the same department. When I was going to deliver a confidential post material to the head of the department in Delhi, I met an accident in front of Rail Bhawan. I was admitted in the AIIMS Delhi for three months. After discharging from the hospital, I went to my officer for joining but the deputy director has refused and said I am unable to discharge my field work. Hence, a relieving letter has been sent to the head of the department for further action. Sir, please help.
The department has no right and authority to terminate your service only on the ground of disability acquired during service. If a disabled government employee is declared fit to return to work but cannot perform the duties of their previous position, the first proviso to Section 47 of the PWD Act, 1995, can be used to address the situation.
According to section 47 of the PWD Act, 1995; no employee can be terminated, nor can he be reduced in rank in case the employee has acquired a disability during his service. In Kunal Singh v. Union of India, (2003) 4 SCC 524, Hon’ble Supreme Court has observed that the pay and service benefits of a disabled employee will be protected, and they may be transferred to a different position or placed on a supernumerary post until a suitable position becomes available or they reach the age of superannuation, whichever comes first.
The PWD Act 1995 has been repealed by the rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016) but the protection of service of disabled employee remains same. In Vikash Kumar v. Union Pulbic Service Commission, (2021) 5 SCC 370 the supreme court has directed the central government that:
if it is found that the petitioner is eligible to perform his duty, then, he may be permitted to undertake such duties. Further, if the petitioner is found to be unfit to perform the nature of duties, which he was performing before being disabled, then, he should be assigned/adjusted with such suitable duties which he would be able to discharge. if the petitioner is found incapable of performing any kind of duties, then, the respondents are under obligation and shall pay all service benefits including the promotion to the petitioner by creating a supernumerary post until a suitable post is available or he attains the age of superannuation;
Vikash Kumar v. Union Pulbic Service Commission
To seek the resumption of your service after a disability, you should file a writ petition in the High Court under Article 226 of the Constitution and request the court to issue a directive to this effect. The state is obligated to assign you to a suitable position that you are capable of discharging.
