Delhi High Court Upholds Compassionate Appointment for Differently-Abled, Slams Arbitrary Rejections

Court Directs Reassessment of Amit Kumar's Case, Citing Missteps in Handling Applications for Compassionate Positions Under Rights of Persons with Disabilities Act, 2016

In a significant ruling, the Delhi High Court has upheld the orders of the Central Administrative Tribunal (CAT), requiring the Delhi Police to reconsider the compassionate appointment application of Amit Kumar, a 75% physically disabled individual from the Scheduled Caste community, whose requests had been rejected multiple times on procedural grounds.

The court found the repeated denial of Amit Kumar's application for a compassionate appointment to the position of Multi-Tasking Staff (MTS) as arbitrary and contrary to the principles of reasonable accommodation under the Rights of Persons with Disabilities Act, 2016. The bench, comprising Justices Navin Chawla and Madhu Jain, emphasized that the denial of compassionate appointment on the basis of non-availability of vacancies in the disabled category reflected a lack of sensitivity and awareness of the legislative protections for persons with disabilities.

The court's decision follows a series of rejections by the Delhi Police, which had cited a lack of vacancies in the MTS category as the primary reason for denial. The Screening Committee's approach was criticized for failing to evaluate the application on its merits and for not exploring reasonable accommodations as mandated by law.

Justice Madhu Jain, delivering the judgment, highlighted that the principles of equity and fairness necessitate that government establishments provide adequate opportunities and accommodations to persons with disabilities, especially in the context of compassionate appointments, which aim to provide immediate relief to families facing financial distress due to the untimely demise of a breadwinner.

The court dismissed the petition filed by the Commissioner of Police challenging the tribunal's orders and directed the Screening Committee to reassess Kumar's application within eight weeks, ensuring compliance with the tribunal's directions and the spirit of compassion enshrined in the law.

This judgment underscores the judiciary's commitment to upholding the rights of individuals with disabilities and ensuring that legislative mandates for reasonable accommodation and equality are implemented in practice. It serves as a reminder to public authorities to evaluate applications for compassionate appointments with the requisite empathy and legal awareness, fostering an inclusive and equitable workplace environment.

Bottom Line:

Compassionate appointment - Rights of persons with disabilities (PwDs) - Denial on the sole ground of non-availability of vacancy in the physically disabled category - Arbitrary and contrary to principles of reasonable accommodation and equality under the Rights of Persons with Disabilities Act, 2016.

Statutory provision(s): Rights of Persons with Disabilities Act, 2016 (Sections 3, 20, 21)

Commissioner of Police v. Amit Kumar, (Delhi)(DB) : Law Finder Doc Id # 2800151