Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Age relaxation physically handicapped |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995:Section 38 -- Age relaxation vis-a-vis physically handicapped - Appointment of physically handicapped challenged as he had crossed the age prescribed - Held:Expression "appropriate Government and local authority shall formulate schemes for ensuring employment of persons with disability" and "may provide for relaxation of upper age limit"- Connotation of - Where the Legislature uses the words 'shall'and 'may' in close proximity of each other, as in s. 38, word'may' cannot be construed as mandatory -- Act postulates age relaxation only as directory or expectant - Failure to mandate age relaxation is a lacuna in the legislation - Since the Government Order not providing age relaxation to physically handicapped continues to hold the field, succour cannot be extended to appellant who is indubitably suffering from a disability - Government of West Bengal Memo No. 1736(21)GA dated 1.11.1999 - Service law -- Age relaxation to physically handicapped - Costs -- Proclamation adopted by the Economic and Social Commission for Asian and Pacific Region (ESCAP) - Legislation.Section 2(t) - 'Person with disability' -- Held: Means a person suffering from not less than forty per cent of any disability as certified by a medical authority -- On the coming into force of the Disabilities Act on 7.2.1996, the definition ins.2(t) shall apply notwithstanding any State legislation or Rules irreconcilable or repugnant thereto. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2013 INSC 373 |
Petitioner | Pradip Kumar Maity |
Respondent | Chinmoy Kumar Bhunia & Ors. |
SCR | [2013] 7 S.C.R. 117 |
Judgement Date | 2013-07-01 |
Case Number | 4820 |
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