Delhi High Court Expresses Displeasure At 'Insensitive' Approach Of Authorities In Matter Related To Employment Of Persons With Disabilities

Calling it a sorry state of affairs, the Delhi High Court has expressed displeasure over inadequate representation of authorities in a plea moved last year concerning employment of persons with disabilities in the railways.

“The Government of India formulates several Schemes for the welfare of the Society and the citizens of this Country, but thereafter the citizens are left on their own to reap and avail the benefits arising therefrom by seeking its implementation and execution, as the situation is in the instant case,” Justice Chandra Dhari Singh said.

The court was hearing a plea moved by Toshiyas, a society working for the welfare of persons with disabilities, seeking execution of an order passed by the court of Chief Commissioner for Persons with Disabilities (Divyangjan) on October 25, 2019.

The society sought directions upon the Union of India and railways authorities to take effective measures for complying with the order which was passed in respect of employment of persons with disabilities.

On July 24, the society’s Secretary apprised the court that the respondent authorities have not been cooperating in the effective disposal of the case which has been pending since last year.

Noting that the members of the society have been struggling to have their voices heard, Justice Singh said: “The order, of which the petitioners are seeking execution, has been passed 2019 and even today, none is present before this Court from or on behalf of the respondent Departments to address and assist the Court in the instant matter.”

The court also noted that a predecessor bench on May 02 had said that the authorities neither took any instructions nor filed any counter affidavit, despite lapse of six months.

“It is evident that the respondents have been dealing with the instant matter in a casual, cavalier and an insensitive manner. This Court is saddened to see such a sorry state of affairs, where the members of the petitioner Society, being persons with disabilities and, over and above everything else, being citizens of this Country having an order in their favour passed by a Statutory Authority in the year 2019, are being compelled to move pillar to post seeking implementation of their rights,” the court said.

Looking at the sensitivity of the case, Justice Singh requested ASG Chetan Sharma to represent the authorities and assist the court in “effective adjudication” of the case.

The court also asked senior panel counsel of the Ministry of Railways Ruchir Mishra to assist it, as well as the ASG.

“The learned ASG sought some time to seek clear and definite instructions in the instant matter. Let the needful be done before the next date of hearing,” the court said.

The matter will now be heard on August 10.

Title: TOSHIYAS THROUGH SECRETARY AND ORS v. UNION OF INDIA AND ORS

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