Anil Kumar Mahajan v. Union of India, (2013) 7 SCC 243
Human and Civil Rights
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Ss. 47 and 2(i)(vii) - Prohibition against dispensing with, or reducing in rank an employee who acquires disability during
service - Appellant IAS officer appointed in 1977 and after serving for 30 yrs, order of compulsory retirement issued on
15-10-2007 on grounds of insanity - Sustainability - Held, it was not open to authorities to dispense with service of
appellant or to reduce him in rank, who acquired disability during his service, in view of prohibition contained in S. 47 - In
case appellant, after acquiring disability was found not suitable for post he was holding, he should have been shifted to
some other post with same pay scale and service benefits, and further, in case it was not possible to adjust appellant
against any post respondent UoI ought to have kept appellant on supernumerary post until suitable post was available or
until appellant attained age of superannuation whichever was earlier -
High Court failed to notice relevant facts and
without going into merits allowed counsel to withdraw writ petition merely on basis of finding of enquiry officer - High
Court ought to have referred matter to Medical Board to determine issue of insanity, and if so found, instead of
dismissing case as withdrawn, matter should have been decided on merits - Impugned order of compulsory retirement
set aside, (2013) 7 SCC 243-A
Service Law
Compulsory Retirement
Relief after superannuation, when order of compulsory retirement found to be invalid - Order of compulsory retirement
passed against appellant IAS officer by respondent UoI on grounds of insanity found unsustainable - Relief - Appellant
superannuating on 31-7-2012, and hence, no question of reinstatement arises - Appellant entitled to all consequential
benefits including arrears of pay (full pay), and in case he has superannuated to full retiral benefits counting total period
in service - Benefits to be paid within three months - In case of default, respondents liable to pay interest @ 6% p.a. from
date amount was due till actual payment, (2013) 7 SCC 243-B
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Human and Civil Rights
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Ss. 47 and 2(i)(vii) - Prohibition against dispensing with, or reducing in rank an employee who acquires disability during
service - Appellant IAS officer appointed in 1977 and after serving for 30 yrs, order of compulsory retirement issued on
15-10-2007 on grounds of insanity - Sustainability - Held, it was not open to authorities to dispense with service of
appellant or to reduce him in rank, who acquired disability during his service, in view of prohibition contained in S. 47 - In
case appellant, after acquiring disability was found not suitable for post he was holding, he should have been shifted to
some other post with same pay scale and service benefits, and further, in case it was not possible to adjust appellant
against any post respondent UoI ought to have kept appellant on supernumerary post until suitable post was available or
until appellant attained age of superannuation whichever was earlier -
High Court failed to notice relevant facts and
without going into merits allowed counsel to withdraw writ petition merely on basis of finding of enquiry officer - High
Court ought to have referred matter to Medical Board to determine issue of insanity, and if so found, instead of
dismissing case as withdrawn, matter should have been decided on merits - Impugned order of compulsory retirement
set aside, (2013) 7 SCC 243-A
Service Law
Compulsory Retirement
Relief after superannuation, when order of compulsory retirement found to be invalid - Order of compulsory retirement
passed against appellant IAS officer by respondent UoI on grounds of insanity found unsustainable - Relief - Appellant
superannuating on 31-7-2012, and hence, no question of reinstatement arises - Appellant entitled to all consequential
benefits including arrears of pay (full pay), and in case he has superannuated to full retiral benefits counting total period
in service - Benefits to be paid within three months - In case of default, respondents liable to pay interest @ 6% p.a. from
date amount was due till actual payment, (2013) 7 SCC 243-B
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