'Issued Mechanically': Karnataka High Court Directs Govt To Reconsider Circular Asking Disabled Employees To Report For Work

A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum orally said "Firstly we don't understand this rationale, of saying that 50 percent of the blind persons should work. Either 100 percent should work or 100 percent should not work."

In its order the court said "A copy of circular dated Jan 5, 2021 is produced. The circular considers May 17, 2020, issued by Government of India. The state government has not even referred and therefore not considered the office memorandum dated October 2020, issued by Government of India, which provides that persons with disabilities and pregnant women shall continue to work from home until further orders."

It added "The circular (January 5) has been issued in complete no-application of mind. We direct the state government to make proper compliance of order dated Nov 26, 2020.The court had by its previous order directed the state government to reconsider its decision of making it compulsory for government employees, in particular blind employees, to report to duty.

The bench orally said "Still in the city of Bengaluru more than 400 cases are reported everyday. You (State) expect pregnant women to travel to her workplace by a BMTC bus, thus exposing herself to all the infection. A person who travels will take precaution but he cannot ensure that others are wearing proper masks etc. Same is the case with a blind person if he has to travel by a BMTC bus. The circular is issued mechanically."

The bench accordingly directed the state government to make proper compliance of its earlier order by January 29 and posted the matter for further hearing on February 1.

The direction was given during the hearing of a petition filed by Karnataka Federation of the Blind challenging the circular dated May 18 2020, issued by the state government directing all Government Employees belonging to Group A, B, C and D to come for duty at 100% capacity.

The court had while directing the state to reconsider its decision had noted "We direct the state to reconsider its decision, dated May 18, in the light of Rights Guaranteed to the differently abled persons and in particular blind persons. The issue will also have to be addressed in the context of the fact that some of the differently abled persons will need assistance, which will need touching the other persons. Thus we direct the state government to reconsider its decision, considering Rights of differently abled persons as well as genuine difficulties faced by them."

Senior Advocate Jayna Kothari appearing for the petitioner had submitted that actions of the respondent State government in issuing the impugned directions requiring 100% duty attendance by state government employees including employees with disabilities is in complete violation of the directions issued by the central government in Office Memorandum dated 28.04.2020 and 14.09.2020, exempting government employees with disabilities from roster duty during COVID-19 pandemic and hence deserves to be quashed and set aside.

The petition prays for order or direction, setting aside the Circular dated 18.05.2020, issued by the Respondent No. as it is in violation of the Central Government Office Memorandum dated 14.9.2020 exempting employees with disabilities from roster duty during the COVID 19 pandemic, and direct the Respondents to exempt government employees with disabilities from roster duty and treat the same as special paid leave. Or direct the respondents to provide private transportation facilities for employees with disabilities, especially for persons with blindness, where exemption from roster duty is not possible, or to reimburse them with costs of private transport arranged by them.