Commissioner under the Disabilities Act cannot restrict employers from retiring their employees: Rajasthan HC

Commissioner under the Disabilities Act cannot restrict employers from retiring their employees: Rajasthan HC

Rajasthan High Court in Rajasthan Public Service Commission vs. The Commissioner Persons with Disabilities (W.P(C) No. 7936/2007), On June 16, 2024, reaffirmed the Supreme Court’s ruling in State Bank of Patiala &Ors. vs. Vinesh Kumar Bhasin (2010) 4 SCC 368. The High Court emphasized that as an authority operating under the Rights of Persons with Disabilities Act, 2016 (” Disabilities Act“), the Commissioner lacks the authority or jurisdiction to direct an employer not to retire an employee. The Court stated that according to the Disabilities Act, neither the Chief Commissioner nor the Commissioner is empowered to issue any interim directives.

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