Allahabad High Court Upholds Rights of Disabled Employee, Orders Redeployment
Court directs government to identify suitable post or retain employee on supernumerary post under the Rights of Persons with Disabilities Act, 2016.
In a significant judgment reinforcing the rights of disabled employees, the Allahabad High Court has ruled in favor of a petitioner, Laljee, an Assistant Teacher who acquired a disability during his service. The court underscored the statutory obligations under the Rights of Persons with Disabilities Act, 2016, mandating government establishments to provide reasonable accommodation for employees acquiring disability.
The case arose when Laljee, after suffering a brain stroke in 2016, was unable to resume his teaching duties due to impaired speech and writing abilities. Despite submitting his joining application in August 2024, the petitioner was denied reinstatement based on a committee report which deemed him unfit for teaching work.
Justice Abdul Moin, presiding over the case, emphasized the constitutional and statutory expectations from employers to not only prevent termination but also explore meaningful redeployment options for employees with acquired disabilities. The court cited Section 20(4) of the Act, highlighting that if an employee is unsuitable for their current position due to disability, they must be shifted to a post with equivalent pay and benefits or retained on a supernumerary post if no suitable position is available.
The court criticized the respondents for failing to constitute a medical board to assess the petitioner’s condition, a necessary step for ensuring compliance with the Act. The judgment referenced the Supreme Court's decision in Ch. Joseph v. Telangana State Road Transport Corporation, which reiterated the employer's duty to provide reasonable accommodation and prevent unwarranted dismissal of disabled employees.
The court directed the District Inspector of Schools, Barabanki, to identify a suitable alternative post for Laljee within four weeks or retain him on a supernumerary post until a suitable position arises or until his retirement. The court also ordered that all relevant benefits be accorded within six weeks following the District Inspector's decision.
This judgment is a reaffirmation of the rights of disabled employees, ensuring that their potential is utilized meaningfully rather than being dismissed due to physical limitations. It sets a precedent for government establishments to adhere strictly to the provisions of the Rights of Persons with Disabilities Act, 2016, promoting inclusivity and equal opportunity.
Bottom Line:
Rights of Persons with Disabilities Act, 2016 - Employee acquiring disability during service - Employer under obligation to redeploy such employee to a suitable post or retain on a supernumerary post if redeployment is not possible.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Section 20(2), Section 20(4).
Laljee v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2793563
