VidhiSangh

Supreme Court of India · 13/07/2026

UNION OF INDIA & ORS. versus BALI RAM NO. 850808321

[2026] 8 S.C.R. 218 · 2026 INSC 689

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A CRPF constable-driver who lost his sight in service was medically invalidated in 1998, while Section 47 of the Persons with Disabilities Act, 1995 still applied to the CRPF. His invalidation breached the employer's mandatory duty to give him an alternate or supernumerary post. The 2002 notification exempting combatant personnel is prospective and could not validate the earlier invalidation. No waiver was shown, and the High Court could grant Section 47 relief though it was not pleaded. As reinstatement was no longer possible, the Court awarded Rs. 1.25 crore.

Issues

  1. Whether the High Court could grant relief under Section 47 of the PwD Act when the writ petition neither pleaded nor prayed for it and sought only disability pension.
  2. Whether the respondent waived his rights under Section 47 by seeking and accepting invalid pension and terminal benefits.
  3. Whether the notification of 10.09.2002 exempting combatant personnel of the Central Para Military Forces from Section 47 applied to the respondent's invalidation of 11.03.1998.
  4. Whether Section 47 protection depends on the disability being attributable to or aggravated by service, and what relief should follow now that the respondent has passed superannuation age.

Provisions considered

Held

Result

Appeal dismissed with modification: instead of reinstatement, the respondent was awarded Rs. 1,25,00,000 inclusive of back wages, interest and costs, payable by electronic transfer within eight weeks; the State or District Legal Services Authority was directed to guide him on safe investment of part of the amount and to oversee his future medical needs.

Judgment PDF: Supreme Court of India, [2026] 8 S.C.R. 218.