Court: Madras High Court, Madurai Bench
Bench: Justice R.VIJAYAKUMAR
Case No. W.P.(MD)No. 26560 of 2024
Case title: Ganesan Vs. The Commandant, Tamil Nadu Special Police Force
Date of Judgement: 07 January 2025
Brief Summary
In a landmark judgment reinforcing disability rights in India, the Madras High Court has ordered the reinstatement of a visually impaired policeman who acquired his disability during service. Justice R. Vijayakumar, presiding over the Single-Judge Bench, ruled that the Tamil Nadu Special Police Force Nayak, discharged from service on medical grounds, must be reinstated with alternative employment and pay protection, as mandated by Section 20(4) of the Rights of Persons with Disabilities (RPwD) Act, 2016.
Case Background
The petitioner, initially appointed as a Police Constable in 2010, sustained severe injuries to his head and eyes during election duty. Following the accident, his vision deteriorated, prompting his reassignment to light duty, which he performed for a decade. Despite his promotion to Nayak, a Medical Board later declared him completely unfit for service, leading to his discharge and eviction from government quarters.
Court’s Observations
The Bench noted that Section 20(4) of the RPwD Act prohibits the termination of employees who acquire disabilities during service and mandates their reassignment to suitable roles. The Police Department failed to provide evidence of exemption from this provision. The Court emphasized that the law applies to uniformed services, and the petitioner must be offered alternative employment with pay protection.
Judgment
The Court quashed the discharge order and directed the Police Department to reinstate the petitioner with continuity of service, pay protection, and an alternative light-duty role.
This judgment underscores the commitment of Indian courts to uphold the rights of persons with disabilities, ensuring dignity, equal opportunity, and protection under the law.
Read or Download judgement: Ganesan v. The Commandant (W.P.(MD) No. 26560 of 2024)