Section 47 disability protection preserves service rights and requires alternative employment despite invalidity pension.

An employee who acquires a locomotor disability during service is protected by Section 47 of the Persons with Disabilities Act, 1995, which bars dispensing with service or reducing rank and requires alternative employment at the same pay and service benefits, or placement in a supernumerary post until a suitable post is available or superannuation is reached. The statute is a special beneficial law enacted to secure equal opportunity and full participation, so its protection prevails over the general rule on invalidity pension under the Central Civil Services (Pension) Rules, 1972. Grant of invalidity pension does not discharge the employer's statutory duty under Section 47.

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Issues: Whether an employee who acquires a locomotor disability during service is entitled to the protection of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, including consideration for alternative employment or a supernumerary post, notwithstanding invalidity pension under the Central Civil Services (Pension) Rules, 1972.

Analysis: The disability suffered by the employee fell within the statutory definition of locomotor disability and was acquired during service. The Act separately defines "disability" and "person with disability", and Section 47 specifically protects an employee who acquires a disability during service. That provision is mandatory in form and substance: the establishment cannot dispense with or reduce the rank of such employee, and if the employee is unsuitable for the original post, he must be shifted to another post with the same pay and service benefits or kept on a supernumerary post until a suitable post becomes available or superannuation is reached. The Act is a special and beneficial statute enacted to secure equal opportunities and full participation for persons with disabilities, and therefore its protection cannot be overridden by the general pension rule under which invalidity pension is paid. The grant of invalidity pension does not negate the statutory obligation under Section 47. Section 72 reinforces that the Act operates in addition to, and not in derogation of, other laws.

Conclusion: The employee was entitled to the protection of Section 47, and the employer was bound to consider alternative accommodation or other statutory relief instead of terminating service.

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