Disabled Employee Should Not Be Forced To Forfeit Seniority For Choosing Posting Place As Per Beneficial Circular
Case: Net Ram Yadav V. The State Of Rajasthan & Ors.
Coram: Justice Indira Banerjee and Justice JK Maheshwari
Case No.: DIARY NO.2738 OF 2020
Court Observation: Furthermore, the disabled are entitled to the fundamental right of equality enshrined in Articles 14 to 16 of the Constitution of India, the fundamental freedoms guaranteed under Article 19 including the right to carry out any occupation, profession, the right to life under Article 21, which has now been interpreted to mean the right to live with dignity, which has to be interpreted liberally in relation to the disabled.
The benefit which has been given to the disabled through the Circular/Government Order cannot be taken away by subjecting the exercise of the right to avail of the benefit on such terms and conditions, as would render the benefit otiose…Both the Single Bench as also the Division Bench of the High Court have overlooked the scope and ambit of the Explanation which has no application in the State to seniority. In our view, the High Court should have been more sensitive and empathetic to the plight of a physically disabled…The High Court failed to appreciate that treatment of unequals as equals ignoring their special needs violates Article 14 of the Constitution.
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Keywords
Forfeit Seniority, Disabled Employee, Beneficial Circular
