Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 13 July 2026

Case Overview

  • Parties: Union of India & others (appellants, including the Director General, Central Reserve Police Force) vs. Bali Ram (respondent), a former CRPF Constable (Driver) who became blind.
  • Service History: Enrolled in CRPF in 1985; served until 1996 when he developed disseminated choroiditis and retinal atrophic patches, resulting in total blindness of the left eye and partial loss of vision in the right eye.
  • Medical Invalidation: Medical Board at Base Hospital, CRPF, Hyderabad declared him permanently incapacitated in 1997; he was medically invalidated on 11 March 1998.
  • Initial Relief: Respondent sought full financial and service benefits; the CRPF rejected his claim on 27 June 2005, granting only a lump‑sum of Rs 15,000.
  • Writ Petition: Respondent filed Civil Writ Petition No. 1371 of 2005; Single Judge allowed the petition on 11 August 2008, quashing the CRPF orders, deeming the respondent reinstated, directing payment of all annual increments, and awarding costs of Rs 3,000.
  • High Court: Division Bench dismissed the intra‑court appeal (Letters Patent Appeal No. 25 of 2009) after a seven‑year hearing, upholding the Single Judge’s directions.
  • Supreme Court: Union filed Special Leave Petition under Article 136; delay condoned on 23 November 2015, with a stay on the High Court judgment.
  • Contentions: Appellants (via Additional Solicitor General Banerjee) argued the disability was unrelated to service, the 2002 Government Notification exempting CPMFs from Section 47 of the PwD Act applied, and that the respondent had waived his rights. Respondent (via counsel Dhawan) contended Section 47 applied at the time of invalidation (1998), the Notification was prospective, and no waiver occurred.
  • Legal Provisions: Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 imposes a non‑discrimination duty on government employers; the proviso allows the Government to exempt establishments via notification.
  • Notification: Government of India Notification dated 10 September 2002 exempted all combatant personnel of Central Paramilitary Forces (including CRPF) from Section 47.
  • Court’s Analysis: The Notification is prospective and cannot retroactively remove the duty that existed in 1998. No waiver was established as the respondent was unaware of Section 47 and never intentionally relinquished the right. The duty to provide an alternate post or supernumerary post remained unfulfilled.
  • Calculations: An interim order on 20 May 2026 required the CRPF to submit salary/allowance calculations. The Court noted:
  • Total salary and allowances payable had the respondent remained in service till superannuation: Rs 82,80,195 (excluding pension adjustments).
  • Salary and allowances payable only up to 10 September 2002 (date of Notification): Rs 2,66,180.
  • Respondent’s Age: The respondent is now a sexagenarian; reinstatement is no longer feasible.

Final Outcome

  • The civil appeal is dismissed.
  • The Single Judge’s order is modified: the respondent is awarded Rs 1,25,00,000 (Rs 1.25 crore) inclusive of back wages, interest, and costs of the present proceedings.
  • The amount must be electronically transferred to the respondent’s savings bank account within eight weeks of the judgment.
  • The respondent’s advocate must provide account details to the CRPF’s advocate within seven days.
  • The Member‑Secretary, State Legal Services Authority, Himachal Pradesh (or District Legal Services Authority, Kangra) is directed to guide the respondent on safe investment of a part of the amount in a fixed‑deposit with maximum interest and to oversee his future medical needs.

Topics: Disability Law, Public Service Employment, Government Liability