Supreme Court Upholds Protection of Visually Impaired CRPF Constable Under Disability Act, Rejects Exemption Notification Retrospectivity

Case Snapshot

Case Name: Union of India & Ors. v. Bali Ram No.850808321

Citation: 2026 INSC 689

Bench: Justice Dipankar Datta

Date of Judgment: July 13, 2026

Area of Law: Service Law, Disability Rights, Constitutional Law

The Judgment in One Line

Medical invalidation of CRPF constable who acquired blindness during service was illegal under Section 47 of the PwD Act; exemption notification in 2002 cannot retrospectively validate it.

Why This Judgment Matters

This judgment is a significant reaffirmation of the mandatory protection afforded to government employees who acquire disability during service under Section 47 of the Persons with Disabilities Act, 1995. The Supreme Court held that employers must proactively accommodate disabled employees, not wait for them to seek protection. The Court rejected the government's arguments based on waiver and the 2002 exemption notification, emphasizing that the notification operates only prospectively. The judgment also clarifies that the High Court can grant relief beyond the pleadings when the record clearly shows entitlement and no prejudice is caused to the other side. The Court awarded ₹1.25 crore compensation to the respondent who had been illegally invalidated since 1998.

Background

The respondent was enrolled as a Constable (Driver) in the CRPF in 1985. In 1996, he developed Disseminated Choroiditis and Retinal Atrophic Patches with Macular Involvement, resulting in complete blindness in the left eye and partial impairment in the right eye. A Medical Board in 1997 declared him permanently incapacitated for further service in any capacity. On March 11, 1998, he was medically invalidated from ser

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