UNION OF INDIA AND OTHERS
Vs.
BALI RAM NO. 850808321
( Before : Dipankar Datta and Augustine George Masih, JJ. )
Civil Appeal No. 13783 of 2015
Decided on : 13-07-2026
A. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Non-discrimination in government employment — Employee acquiring disability during service — Mandatory obligation on employer to shift employee to alternate post with same pay and service benefits, or, failing that, to accommodate on supernumerary post till superannuation — Respondent, a CRPF Constable (Driver), rendered blind/partially blind in 1996 and medically invalidated from service in 1998 without consideration of alternate posting — Held, S. 47 casts a positive and mandatory obligation on employer to protect disabled employee and not await a request for accommodation — Order of medical invalidation dated 11-3-1998 held ultra vires S. 47 and Arts. 14 and 21 of the Constitution — Single Judge's direction reinstating respondent, upheld by Division Bench, affirmed in principle, though relief modified in view of respondent's superannuation — Kunal Singh v. Union of India, (2003) 4 SCC 524; Bhagwan Dass v. Punjab State Electricity Board, (2008) 1 SCC 579; Ravinder Kumar Dhariwal v. Union of India, (2023) 2 SCC 209, relied on. (Paras 31-32, 58, 60, 74-79)
B. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47, proviso — Exemption notification dated 10-9-2002 exempting combatant personnel of CPMFs (including CRPF) from S. 47 — Held, prospective in operation, containing no express or implied retrospective application — Delegated legislation, including an exemption notification carving out establishments from a beneficial statute, ordinarily operates prospectively and must be strictly construed — Respondent's invalidation (1998) having preceded the notification (2002), S. 47 applied in full force and was breached — Subsequent exemption cannot legitimise an act void ab initio — Right of employee crystallises on date of breach — Union of India v. Dileep Kumar Singh, (2015) 4 SCC 421, distinguished on facts (invalidation therein post-dated notification) — Federation of Indian Mineral Industries v. Union of India, (2017) 16 SCC 186; Union of India v. Kartick Chandra Mondal, (2010) 2 SCC 422; Mohinder Lal v. Saroj Kumari Verma, (2000) 2 SCC 65, relied on. (Paras 53-61)
C. Waiver — Essentials — Intentional relinquishment of a known right — Elements: (i) existence of a right; (ii) clear knowledge of that right; (iii) voluntary and conscious relinquishment despite such knowledge — Mere silence, inaction or delay insufficient — Waiver of statutory right conferred for public welfare generally disfavoured — Plea of waiver, not raised in LPA or in grounds of appeal and unsupported by material showing respondent's knowledge of S. 47 right, rejected — Onus on employer to show conscious relinquishment, not discharged — Krishan Lal v. State of J&K, (1994) 4 SCC 422, relied on. (Paras 45-52)
D. Constitution of India, 1950 — Article 226 — Writ jurisdiction — Relief beyond pleadings/prayer — General rule that courts must confine themselves to pleadings and prayer clause — Exception — Where record clearly establishes entitlement to wider relief than claimed, owing to ignorance, bona fide mistake or inelegant drafting, and opponent is not prejudiced or taken by surprise, court may in its discretion grant wider relief — Exception to be sparingly and judiciously invoked, confined to cases of clear entitlement and absence of prejudice — Single Judge's grant of relief under S. 47, PwD Act though not specifically pleaded, held justified since no ground of pleading-deficiency raised by appellants at any stage — Bharat Amratlal Kothari v. Dosukhan Samadkhan Sindhi, (2010) 1 SCC 234; S. Nagaraj v. State of Karnataka, 1993 Supp (4) SCC 595; Dwarka Nath v. ITO, AIR 1966 SC 81; ABL International Ltd. v. Export Credit Guarantee Corpn. of India, (2004) 3 SCC 553, relied on. (Paras 34-44)
E. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 47 — Attributability of disability to service, irrelevance of — Protection under S. 47 unqualified and unconditional, applicable irrespective of whether disability is attributable to or aggravated by service — Relevant enquiry is not fitness at initial appointment but whether employer explored alternatives before ouster — Ten years of unblemished service followed by acquired disability warranted accommodation, not invalidation. (Para 76)
F. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Sections 47 — Relief — Respondent having attained superannuation age, actual reinstatement impracticable — Held, appellants' default being the sole cause of prolonged non-employment, principle of "no work, no pay" inapplicable — Full back wages, interest and costs awarded in lump sum of Rs. 1,25,00,000 in lieu of reinstatement, computed with reference to salary respondent would have drawn till superannuation (Rs. 82,80,195) — Direction for disbursal within eight weeks and for guidance of visually-impaired respondent by State/District Legal Services Authority for safe investment of amount. (Paras 80-83)
