The Bombay high court, which was dismissing a petition filed by the Union of India, upheld the order of the Central Administrative Tribunal protecting an employee dismissed on the grounds of being “colour blind”.
The HC observed that the purpose of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was to protect an employee from unemployment on the ground that he has incurred disability. The UoI had challenged the CAT order in favour of Pramod Sadashiv Thakre, a civil mechanical transport driver, who after serving two years at Nagpur was given the termination order in August 2005.
The HC remarked that the Parliament has accommodated the possibility that an employee may not be able to discharge the duties of office prescribed for him and to that effect a provision has been made that an employee shall be employed in some other post with same benefits.