Disability Archives | Page 2 of 2

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 Briefs High 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 RoundUp Tribunals/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 Briefs High 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 Briefs High 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 Briefs Tribunals/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 Briefs Tribunals/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 Briefs High 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 Briefs Tribunals/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 Briefs Supreme 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.”

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/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 Briefs Supreme 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 Briefs High 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 Briefs Tribunals/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 Briefs Tribunals/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 Briefs Tribunals/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

Case Briefs Supreme Court

SC| 40-50% disability limit for the post of Civil Judge is logical considering the nature of the job

Supreme Court: The bench of Ashok Bhushan and KM Joseph, JJ held that prescription of disability to the extent of 40%-50% for

Case Briefs High Courts

Law does not compel a man to do what he cannot; Magistrate directed to prepare Aadhar cards for persons with disabilities and release pension: Uttaranchal HC

Uttaranchal High Court: A Division Judge Bench comprising of Rajiv Sharma, ACJ and Manoj Kumar Tiwari, J. disposed of a PIL for

Case Briefs High Courts

Every child with special need has a fundamental right to develop with dignity and equality: Uttaranchal HC

Uttaranchal High Court: The Division Bench comprising of Lok Pal Singh and Rajiv Sharma JJ., laid down a series of directions by

High Courts

Centre’s 2013 office memorandum not in compliance with Supreme Court guidelines

Delhi High Court: Where an NGO working for the protection of the rights of blind people, had prayed for modification of the