DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS vs UMAR DARAZ Incapacitated employee of Pakistan Railways

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DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS VS UMAR DARAZ Incapacitated employee of Pakistan Railways---Visual impairment---Adjustment in another suitable and appropriate post keeping in view the degree and level of incapacitation---Perusal of Clauses 510 and 512 of the Personnel Manual of the Pakistan Railways reveals that in order to protect and safeguard the interest and right to employment of an officer who has been incapacitated during service, such an employee can be transferred or accommodated against a post in the organization which is more suitable and appropriate to his condition or disability---Under the said Manual efforts are to be made to ensure that the employee gets transferred to a post in an equivalent grade---In the present case the respondent-employee developed visual impairment and as a result was transferred to a post of lower grade against which the respondent agitated and finally the Tribunal transferred him to a post of an equivalent grade i.e. Ticket Collector Grade-I ("TCR")---In terms of the UN Convention on the Rights of Persons with Disabilities ("CRPD"), to which Pakistan is a party, it is the duty of an employer to ensure that reasonable accommodation is provided to persons with disabilities ("PWDs") and that those with disabilities are not discriminated against---Perusal of job description of the TCR provided in clause 6.18 of the Commercial Manual of Pakistan Railways revealed that a visual impaired officer could carry out the duties of TCR, as provided in the said Manual---Supreme Court directed Pakistan Railways to revisit the Personnel Manual in the light of the fundamental rights and principles of policy enshrined in the Constitution, as well as, the CRPD, in particular Article 27 thereof, so that the Personnel Manual was constitution compliant and met the international standards when dealing with persons with disabilities---Petition for leave to appeal was dismissed and leave was refused.

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS vs UMAR DARAZ Incapacitated employee of Pakistan Railways — 2023 PLC(CS) 1444 SUPREME-COURT

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