The Allahabad High Court in a notable ruling has reinforced that government employees who become disabled during their service cannot be dismissed. Justice Abdul Moin ruled that they must be given a suitable post, as per the Rights of Persons with Disabilities Act, 2016. This decision protects the rights of differently-abled workers and ensures they are treated fairly at work.

Background:

Having worked as an Assistant Teacher since 2013, the petitioner had a brain stroke on 2 August 2016, resulting in inability to carry on with his teaching duties. He was refused reinstatement when he attempted to rejoin in August 2024. The respondents formed a committee to examine the case of the petitioner which submitted its report on 9.10.2024, as per which it has been indicated that as the petitioner is unable to carry out teaching work on account of not being able to write or to speak, teaching work as such cannot be expected from him and he cannot be permitted to join.

The counsel for the petitioner presented that the rights provided by the Persons with Disabilities Act, 1995 and the Rights of Persons with Disabilities Act, 2016 give the petitioner a right to be offered an equivalent or an alternative position, instead of termination outright.

However, counsel for the respondents argued that the petitioner remained absent from the institution since 1.10.2021 and after a period of 3 years he made a representation on 30.8.2024 for the purpose of being permitted to join which has not found favour with the respondents on account of he having absented himself.

Moreover, as per the committee’s report dated 9.10.2024, the petitioner was found medically unfit for any teaching work due to his inability to speak, read, or write, and therefore cannot be allowed to rejoin, they asserted.

Court’s Observation:

Section 20(4) of the Rights of Persons with Disabilities Act, 2016 is one of the sections that is specifically referred to by Justice Abdul Moin.

“Thus from perusal of the provisions of the Act, 2016 it is apparent that where an employee acquires a disability during his service, his services are not to be dispensed with rather efforts are to be made by the employer for shifting him to a suitable post and in the absence thereto, to continue him on supernumerary post until a suitable post is available,”stated the judge.

The bench also cited the Supreme Court ruling in Ch. Joseph vs The Telangana State Road Transport Corporation & other, repeating that the relevant legal framework must be modified and not rejected in the case of employees that get disabled in the course of service.

The court emphasized, “When a disability is acquired in the course of service, the legal framework must respond not with exclusion but with adjustment. The duty of a public employer is not merely to discharge functionaries, but to preserve human potential where it continues to exist. The law does not permit the severance of service by the stroke of a medical certificate without first exhausting the possibility of meaningful redeployment. Such obligation is not rooted in compassion, but in constitutional discipline and statutory expectation."

Court’s Directions:

The bench directed the District Inspector of Schools, Barabanki, to comply with the legal mandate and the precedent set in Ch. Joseph by identifying a suitable alternative post for the petitioner. If no such post is available, the judge stated that the petitioner must be accommodated in a supernumerary post in accordance with the law.

Additionally, the bench directed that the period between the petitioner’s absence and the issuance of an order for alternative appointment, in compliance with this judgment, should be regularized by the authorities as per the applicable rules.

Case Title: Laljee v. State Of U.P. Thru. Prin. Secy. Secondary Education Lko And Ors. Writ A No. - 7815 of 2024

Appearance :

Counsel for Petitioner(s) : Satyanshu Ojha

Counsel for Respondent(s) : C.S.C., Raj Kr Singh Suryvanshi