Disability protection laws do not apply to voluntary Retirement from service: Delhi HC

Tilak Raj Singh Vs Union of India & Ors (Delhi High Court)

The petition was filed before the Delhi High Court challenging two orders passed by the Principal Bench of the Central Administrative Tribunal (CAT), by which the petitioner’s original application seeking reinstatement and the subsequent review application were dismissed. The petitioner, a specially abled person appointed in the Income Tax Department under the physically handicapped quota, was posted in an office located on the second floor. His request for posting on the ground floor could not be accepted by the administration.

Thereafter, the petitioner sought voluntary retirement on two occasions in August 2013 and April 2014, which were not accepted. On 11.11.2014, he again applied for voluntary retirement, which was accepted, and he was permitted to retire from government service with effect from 11.11.2014 (forenoon) under Rule 48-A of the CCS (Pension) Rules, 1972. Nearly nine years later, in 2023, the petitioner approached CAT seeking reinstatement and other reliefs. CAT dismissed the application, noting that the petitioner himself had sought voluntary retirement after serving for about 21 years. The review application was also dismissed.

Before the High Court, the petitioner relied on Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and a Supreme Court judgment to contend that he was entitled to reinstatement despite having taken voluntary retirement. The Court examined Section 47 and observed that it prohibits discrimination against an employee who acquires a disability during service and deals with situations involving termination, reduction in rank, or adjustment to alternative posts.