Commissioner Under Disabilities Act Cannot Stay Retirement Of Any Employee: Rajasthan High Court Reiterates

A bench of Justice Sameer Jain at the Rajasthan High Court has reiterated that the Commissioner under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 does not have the jurisdiction to pass an interim direction, putting a stay on the retirement of an employee.

The Court was hearing a petition filed by the Rajasthan Public Service Commissioner seeking a direction for quashing of an order passed by the commissioner under Disabilities Act on the grounds that the latter had no power to pass such orders. The counsel for the petitioners argued that the facts of the present case were identical to the case of Rajasthan Public Service Commission v Ram Niwas Gaur of the Rajasthan High Court and the Supreme Court case of State Bank of Patiala & Ors. v Vinesh Kumar Bhasin.

In the latter case, the respondent was a disabled person employed at the bank who was retiring on account of completing 30 years in service as per the service regulations of the bank. He wanted to retire under an Exit Option Scheme formulated by the bank, however, due to certain valid reasons, his request was not accepted. Pursuant to this, the employee filed complaints with the chief commissioner for persons with disabilities arguing that by failing to accept his request of retirement under the scheme, the bank had discriminated him on account of his disability. Show cause notice was issued to the bank and a stay was put on the retirement of the employee by way of interim directions issued by the commissioner. The Supreme Court set aside these interim directions and observed that the grievance of the employee had no relation to him being disabled. The commissioner ignored that fact that the retirement was on completion of service with all due retirement benefits being granted to the employee.

“When an employee was retired in accordance with the regulations, no interim order can be issued to continue him in service beyond the age of retirement. The Chief Commissioner also overlooked and ignored the fact that as an authority functioning under the Disabilities Act, he has no power or jurisdiction to issue a direction to the employer not to retire an employee. In fact, under the Scheme of the Disabilities Act, the Chief Commissioner (or the Commissioner) has no power to grant any interim direction.”

The Court took into account the facts of the present case as well as the cases referred to by the counsel of the petitioner which were found to be of an akin nature with the facts. Accordingly, relying on these cases, the Court set aside the order of the commissioner and the petition was allowed.

Title: Rajasthan Public Service Commission v The Commissioner- persons with Disabilities, Government of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 125

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