TMI Blog2008 (1) TMI 955X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the respondent. 2. Upon hearing the learned Counsel for both the sides, it prima facie appears that the respondent was engaged as a teacher in the year 1990 and it is an admitted position that she continued in service up to 1999, for a period of about 9 years. In the year 1999, on account of the divorce, she sustained mental disability and as a result thereof, she had undergone a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent could not defend in the proceedings and as a result thereof, the order of dismissal came to be passed. It is an admitted position that the respondent is mentally disabled and, therefore, had the order of dismissal not been there, the respondent otherwise would have been entitled to the benefits of the Act namely; The Persons with Disabilities (Equal Opportunities, Etc.) Act, 1995 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section. It may be recorded that the aforesaid provision is to be read in light of the observations made by this Court in case of GSRTC v. Gopal Motambhai Patel , report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, she may be in a position to do minor manual work in the School, if assigned to her. 6. It appears that if the person has sustained physical disability, including that of mental disability while in service, it would be required for the authority to extend benefit of Section 47 of the Act. Keeping in view the peculiar facts and circumstances that when the departmental actions were ini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate duty may be assigned to her. 8. In view of the aforesaid, I am inclined to pass the following order: - Rule. (a) By interim order, there shall be stay against the impugned order of the Commissioner to the extent that the petitioner shall not be required to pay any backwages to the respondent, but the petitioner shall reinstate the respondent in service by paying regular salary to her ..... X X X X Extracts X X X X X X X X Extracts X X X X
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