Live
- Ahead of selection day, looking at India's likely squad for the T20 World Cup
- CM Jagan Focuses on Manifesto Preparation, convenes meeting with key leaders
- Investment opportunities in Indian hospitality
- Nomination of BJP’s Birbhum candidate cancelled, Debtanu Bhattacharya to contest
- Google Gemini AI Now Compatible with Android 10 and 11 Devices: How to Get It
- Threads to Automatically Filter Offensive Content From Feeds
- Bengal LS polls: BJP's Raju Bista complains of violence at Chopra; 47.29 pc turnout till 1 pm
- SRH vs RCB: Daniel Vettori hopes someone in SRH can play anchor role when chasing
- Should re-election be held with fresh candidates if NOTA gets a majority? SC issues notice to EC
- At 47.48 pc, Barmer-Jaisalmer records highest turnout in Rajasthan
Disabled RTC drivers entitled to disability benefits: High Court
A two-judge bench of the High Court at Hyderabad comprising Justice C V Nagarjuna Reddy and Justice G Shyam Prasad on Thursday ruled that disabled drivers of RTC are entitled to benefits under the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.
Hyderabad :A two-judge bench of the High Court at Hyderabad comprising Justice C V Nagarjuna Reddy and Justice G Shyam Prasad on Thursday ruled that disabled drivers of RTC are entitled to benefits under the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.
The said verdict would apply to Telugu States of Telangana and AP. The bench upheld the verdict of a single judge and dismissed the appeals of the erstwhile APSTRC.
A single judge had held that the acquired disability of an employee need not necessarily fall within the definition of ‘disability’ under Section 2(i) and that irrespective of the nature of disability acquired by an employee, if such disability led to his being declared as not fit to continue in the post which he was holding prior to his acquiring the disability, he is entitled to the benefit of Section 47 of the Act.
“The law is well-settled that there cannot be stopped against statute. If the Corporations are extending the benefits of Section 47 of the Act only to those drivers who suffered disabilities enumerated under Section 2(i) of the Act and denying the same benefit to other disabled drivers only for the reason that they suffered disabilities other than those included in Section 2(i), the latter category of drivers are deprived of their fundamental right to equality under Article 14 of the Constitution of India”, the bench said.
The bench said the Corporations are entitled to recover the benefits already received by the disabled drivers in terms of the Regulations/Circulars by deducting from the salaries payable to them consequent upon their reinstatement by virtue of this judgment, in easy instalments not exceeding Rs.5,000 per month.
The bench directed that those disabled drivers, who have already received the benefits under the Regulations/Circulars and have not approached this Court so far claiming protection under Section 47, are not entitled to seek relief based on this judgment.
