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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Oil And Natural Gas Corporation Ltd., Represented By Its Chairman And CEO – Appellant
Versus
Ankush Saikia, S/o. Jiten Saikia – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. Indraneel Chowdhury, learned senior counsel, assisted by Mr. B. K. Das, learned counsel, appearing on behalf of the appellants, herein. Also heard Mr. C. Boruah, learned counsel, appearing on behalf of respondent No. 1; and Mr. D. Upamanyu, learned counsel, appearing on behalf of respondent No. 2.
2. The present intra-Court appeal has been instituted by the appellants, herein, assailing the order, dated 23.04.2024, passed by the learned Single Judge in WP(c)3832/2023, allowing the same, by directing the appellants, herein, to appoint the respondent No. 1/writ petitioner against the post of Junior Technician(Diesel) under the disability category upto 25.10.2025, i.e. upto the date of validity of the temporary disability certificate issued to him.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The appellants, herein, had issued an advertisement, being advertisement No. 2/2022(R&P), inviting applications for recruitment, amongst others, against 9(nine) posts of Junior Technician(Diesel). Out of the said 9(nine) posts of Junior Technician(Diesel) advertised, 2(two) posts were
Temporary disability certificates do not qualify individuals for employment benefits reserved for persons with benchmark disabilities under the Rights of Persons with Disabilities Act, 2016.
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The statutory disability certificate issued under the Rights of Persons with Disabilities Act prevails over general medical assessments, ensuring the rights of individuals with disabilities in public....
Termination of appointments based on disability certification must adhere to principles of natural justice, and any arbitrary action lacking notice is unlawful.
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