The Telegraph
Since 1st March, 1999
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SC job boost to disabled

New Delhi, Feb. 13 (PTI): The Supreme Court today ruled that a government employee could not be sacked if he/she became disabled during service.

Setting aside an order of Himachal Pradesh High Court, a division bench of Justice Shivraj Patil and Justice Arijit Pasayat held that the government was under obligation to accommodate a disabled employee in a post where they could be useful.

In case no such post was available in the organisation, a supernumerary post should be created, the apex court said.

One Kunal Singh, a constable in the special security bureau at Kullu, was injured in the leg during service. Later, the injury developed into gangrene, and the leg had to be amputated.

Following this, he was sacked on the ground that he had become unsuitable to perform his duties. Singh challenged his dismissal in the high court, which dismissed his plea.

But the apex court accepted that the Disability Act barred the government and public corporations from sacking an employee who became disabled during service.

and reversed the high court order.

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