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DELHI HIGH COURT
JYOTI SINGH
Satya Narain – Appellant
Versus
District and Sessions Judge, Tis Hazari Court – Respondent
| Table of Content |
|---|
| 1. facts regarding petitioner's employment and disability. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding the right to transport allowance. (Para 6 , 7 , 8) |
| 3. court's observations on petitioner's claims. (Para 9) |
| 4. court's directive for decision on petition. (Para 10 , 11 , 12) |
JUDGMENT
Jyoti Singh, J. (ORAL)
1. Present writ petition has been filed by the Petitioner seeking quashing of order dated 20.09.2019, communicated vide letter dated 12.03.2020, whereby the Respondent has rejected Petitioner's request for grant of transport allowance at double the normal rates, prescribed for physically handicapped persons by the Government of India and a writ of mandamus is sought directing the Respondent to grant the said allowance to the Petitioner.
2. The brief and relevant facts as brought forth in the petition are that Petitioner was registered with the employment exchange on 14.01.1977 under the category of physically handicapped persons. On 11.02.1980, Petitioner was appointed as `Dak Peon' for a period of 3 months from the date of his joining the service, in pay-scale of Rs.196-232 plus allowances, in the office of Administrative and Special Judge, Tis Hazari Courts,
Government directives regarding transport allowances must be objectively assessed, especially regarding the necessity of valid disability certification for eligibility.
The Chief Commissioner for Persons with Disabilities can adjudicate service matters and disability-related claims, particularly regarding transport allowance entitlements, under the Rights of Persons....
The central legal point established in the judgment is the mandatory protection provided to employees acquiring disability during service under Section 47 of the Persons with Disabilities Act, and th....
An employer is statutorily obligated under the Rights of Persons with Disabilities Act, 2016, to provide suitable alternative employment to an employee who suffers a disability, while ensuring contin....
Appointment of physically disabled individuals must adhere to statutory provisions ensuring appropriate remuneration.
The court affirmed the obligation of employers to maintain employment for employees acquiring disabilities, per statutory provisions.
The court established the right of a person with disability to partake in selection processes under applicable laws despite initial application errors.
If at all the petitioner had produced any false certificate or had fabricated the certificate as is now claimed by the State, it was incumbent upon the State to issue a show cause notice, hold an inq....
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