I don't know what would happen if Southern Railways approaches Supreme Court, But I'm of the firm belief that if someone takes VRS and later wishes to join on the same post, he/she should not be compensated with previous years salary and perks. However, One judgment of the Supreme Court has already kept things straight. I am reproducing few paras from the Book "Future of Disability Law in India" (P: 114);authored by J Kothari
block quote There have been several decided cases all over the country on the issue of Section 47 of the PWD Act which are very clear that it is mandatory and no person who acquires disability during service can be removed from his / her job. All these decisions have followed the judgment of the Supreme Court in Kunal Singh v. Union of India*" where the Supreme Court held that Section 47 must be interpreted liberally so that the object and purport of the Act for equal opportunities to persons with disabilities, protection of their rights, and full participation is advanced.''7 The Supreme Court noted that an employee who acquires disability during his service is ought to be protected under Section 47 of the Act specifically. If not protected, he would not only suffer himself, but possibly all those who depend on him would also suffer. In Kunal Singh, the Appellant was a constable in the Special Service Bureau who suffered an injury in his left leg and was declared permanently incapacitated. The Court dismissed the arguments that the benefits under Section 47 could not be available as the Appellant was permanently disabled. The Court held that once the Appellant had acquired disability during his service and if found not suitable for the post he was holding, he could be shifted to some other post with the same pay scale and service benefits; if found not possible to adjust him against any post, he should be kept on a super-numerary post until a suitable post was available or until he attains the age of superannuation, whichever is earlier. The Supreme Court held that since the PWD Act was a special legislation dealing with persons with disabilities, the doctrine of generalia special bus non derogant would apply and that the Central Civil Services (Pension) Rules where invalidity pension was granted to the Appellant, could not override Section 47 of the PWD Act 5S block quote end On 10/8/14, M Sivakumar <svkri...@gmail.com> wrote: > KOCHI: Supporting the special rights of people with disabilities, the > Kerala high court held that an employee who took voluntary retirement > due to a disability while in service should be reinstated if he or she > wishes so later on. > > The ruling was made by a division bench comprising Justices Antony > Dominic and Dama Seshadri Naidu while considering an appeal filed by > Southern Railway opposing such a reinstatement order issued by the > Ernakulam bench of central administrative tribunal. > > Fancy Babu of Kottayam, working as a senior clerk at Palghat division > of Southern Railway, had taken voluntary retirement on February 15, > 2002. This was after she was affected by paraplegia due to spinal cord > compression, which was ratified by a medical board of Kottayam Medical > College. > In 2009, she filed a petition before the tribunal seeking > reinstatement in service, claiming such right under section 47 of > Persons with Disabilities (Equal Opportunities, Protection of Rights > and Full Participation) Act of 1995. The tribunal ordered her > reinstatement with effect from February 15, 2002 along with all > consequential benefits. > > Questioning the tribunal's order at the high court, Railway's counsel > Tojan J Vathikulam contended that the woman had voluntarily applied > for retirement. However, the court disagreed with this view. "Railways > could not take advantage of such an application made by a disabled > employee under compelling circumstances arising out of the > disablement," the court ruled, upholding the tribunal's order. > Source > http://timesofindia.indiatimes.com/city/kochi/People-with-disabilities-can-be-reinstated-after-VRS/articleshow/44475798.cms > > > -- > m. sivakumar. P.hd. > International Institute of Tamil Studies CIT Campus, 2nd Main Road, > Tharamani, Chennai, 600113 > > We're conditioned to think that our lives revolve around great moments. > > But great moments often catch us unaware-beautifully wrapped in what > others may consider a small one. > > Clean India Campaign: Let us also chip in! > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. 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