Disability

Case BriefsHigh Courts

Is an Employee entitled to disability compensation under Employees’ Compensation Act in absence appointment letter, identity card, attendance card, etc. ? Delhi HC decides

Delhi High Court: Manoj Kumar Ohri J. dismissed the petition as the employer-employee relationship was established by a witness before the court

Case BriefsHigh Courts

All HC │ Transfer order of Central Bank of India employee quashed considering 100% disability of wife

Allahabad High Court: Rajesh Singh Chauhan, J. allowed a petition which was filed assailing order dated 16-04-2022 passed by the opposite party

Case BriefsHigh Courts

Cal HC | Bail granted to NDPS accused with 100% speech and hearing impairment

Calcutta High Court: The Division Bench of Kesang Doma Bhutia and Moushumi Bhattacharya, JJ. allowed a bail application of the petitioner suffering

Case BriefsSupreme Court

Murder convict seeks remission of sentence on the ground of being 100% visually impaired. Can disability be a ground for remission? SC answers 

Supreme Court: While addressing the plea of a murder convict seeking remission on the ground of blindness, the Division Bench comprising of

Case BriefsSupreme Court

Is Railway’s decision to disqualify persons with history of lasik surgery for the post of constables (RPF) just and reasonable? SC directs constitution of experts committee to answer

Supreme Court: Opining that the advancement of medical field over a period of time has been enormous, the Division Bench comprising of

Case BriefsHigh Courts

Guj HC | Decision declaring a colour blind unfit for post of Electrical Assistant upheld

Gujarat High Court: Biren Vaishnav J. while deciding on a petition under Art 226 of the Constitution pertaining to prayer of the

Legal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

24 Reports to Read: Ola & Google’s Dominant Position, Service Charge, Medical Negligence, War Injury Pension and more | Tribunals and Commissions Roundup of January 2022

Appellate Tribunal for Electricity (APTEL) State commission disallows benefit of increase in the tariff based on the change in law provision; Tribunal

Case BriefsHigh Courts

Ker HC | Persons with disability are a homogenous class irrespective of social classification; such classification can’t be impeached by linking it with Art. 16 or Art 15

Kerala High Court: N. Nagaresh, J., held that it is by virtue of the statute mandating reservation for disabled persons that persons

Case BriefsHigh Courts

4 Reasons why HC found person with ‘bipolar disorder’ to be fit to discharge responsibilities as ‘Judicial Officer’: Read how last year Del HC outrightly denied ‘discrimination’ in employment against person with disability

Delhi High Court: The Division Bench of Vipin Sanghi and Sanjeev Narula, JJ., decided a matter while reasoning out on why a

Case BriefsTribunals/Commissions/Regulatory Bodies

AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) granted disability

Case BriefsTribunals/Commissions/Regulatory Bodies

AFT | Pension cannot be denied for disability being less than 20% where the disability is assessed at 15-19%

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve, Member (A) held

Case BriefsHigh Courts

Bom HC | “Are you prepared to introduce door to door vaccination for senior citizens?” HC sanctions door to door vaccination after noticing center’s disinclination to formulate a universal scheme

Bombay High Court: The Division Bench of Dipankar Datta, CJ., and G. S. Kulkarni, J., asked the Municipal Corporations if they are

Case BriefsTribunals/Commissions/Regulatory Bodies

AFT | Disease which surfaced within four months of enrolment cannot be attributable to or aggravated by Army service; Tribunal rejects disability pension

Armed Forces Tribunal: The Division Bench of Justice Virender Singh (Chairperson) and Air Marshal BBP Sinha, Member (A) rejected the instant application

Case BriefsSupreme Court

“In their blooming and blossoming, we all bloom and blossom”; Read how denial of scribe to a person suffering from writer’s cramp led to SC issuing directions for formulation of new policies

RPwD Act 2016 is based on the simple idea with profound implications that each of us has: “unique powers to share with the world and make it interesting and richer.”

Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC | Medical Negligence | No cure is not negligence of doctor; Complainant despite reasonable treatment was not recovering — Doctor not liable for negligence

National Consumer Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) addressed a matter wherein medical negligence was been alleged. OP — Dr.

Case BriefsSupreme Court

In an accident that resulted into a 100% disability of a child, SC awards compensation more than the amount claimed

Supreme Court: In a case involving an accident that left a bright young girl with 100% disability i.e. a very low I.Q.

Case BriefsHigh Courts

Jhar HC | Transfer is an incident of service, being differently abled doesn’t exempt employee from transfer policy

Jharkhand High Court: Dr S.N. Pathak, J., dismissed a writ petition as he was of the view that the transfer of the

Case BriefsTribunals/Commissions/Regulatory Bodies

AFT | For calculating disability pension, ‘Alcohol Dependence Syndrome’ can neither be attributable to nor aggravated by military service

Armed Force Tribunal (AFT): A Division Bench of Justice Virender Singh (Chairperson) and Air Marshal B.B.P Sinha (Member) dismissed an application by

Case BriefsTribunals/Commissions/Regulatory Bodies

AFT | Onus of proof is on employer to prove disability incurred by applicant to be not accredited during employment

Armed Forces Tribunal (AFT): Justice S.V.S. Rathore and Air Marshal BBP Sinha (Member) partly allowed an application to consider applicant’s disability as

Case BriefsTribunals/Commissions/Regulatory Bodies

AFT | Tribunal considers recommendation of 7th Central Pay Commission, orders release of arrears of disability at 50%

Armed Force Tribunal (AFT): The Bench of S.V.S. Rathore, Member (J) and Air Marshall BBP Sinha, Member (A) partially allowed a petition