The failure to identify suitable posts for individuals with disabilities violates the Rights of Persons with Disabilities Act, undermining their employment rights and rendering the denial of accommodation unlawful.

JUDGMENT :

AJAY BHANOT, J.

1. The petitioner is a bus driver in the respondent Corporation.

2. By means of the impugned order dated 04.10.2024 the petitioner's claim for allocation of light duties on account of his disability has been declined. The impugned order records that there is no light duty available for drivers in the respondent Corporation apart from the normal job of driving buses.

3. The petitioner suffered a disability during his service period. The petitioner had made a representation on 28.03.2022 before the respondent authorities regarding his disability and consequent inability to undertake rigorous work. The said claim of the petitioner and his request for allocation of light duties began to be processed by the respondent Corporation from the aforesaid date. The competent authority of the Corporation by communication dated 28.03.2022 requested the Chief Medical Officer, Hamirpur to medically examine the petitioner and draw up a report regarding his disability. A medical board constituted by the CMO, Hamirpur comprising of three specialist doctors examined the petitioner. The report of the said medical board which was countersigned by the CMO, Hamirpur on 04.04.2022 opined that the petitioner suffered from 40% disability.

4. Consequent to the aforesaid opinion of the medical board a disability certificate was issued by the competent authority to the petitioner on 04.04.2022. The disability certificate issued by the competent medical authorities dated 04.04.2022 records that the petitioner is a case of locomotor disability and he has 40% permanent disability in relation to Left Arm, Left Leg as per the guidelines (Guidelines for the purpose of assessing the extent of specified disability in a person included under the RPwD Act, 2016 notified by Government of India vide S.O. 76(E) dated 04/01/2018).

5. The CMO, Hamirpur in his letter/medical opinion dated 25.04.2022 addressed to the competent authority of the respondent Corporation stated that the disability of the petitioner was temporary and a cure was possible. However, the said letter categorically recommended that the petitioner would be unable to perform the duties of driver and hence should be allocated light work.

6. Yet again the respondent Corporation directed the petitioner to face a medical board. The petitioner had appeared before the medical board which was comprised of three specialist doctors nominated by the CMO, Lucknow. The opinion of the medical board dated 05.05.2023 which was duly countersigned by the CMO, Lucknow reiterated the said disability suffered by the petitioner and advised light duties in view of the same.

7. The petitioner claims that despite repeated medical confirmations of his disability and in the teeth of medical advice the authorities of respondent Corporation did not assign light duties to the petitioner. Being thus aggrieved the petitioner approached this Court by instituting Writ A No. 12227 of 2024 ( Muhammad Naeem Vs. State of U.P. ). This Court by order dated 14.08.2024 passed the following orders:

"5. In view of the above, this petition stands disposed of with direction to the petitioner to move an appropriate application within four weeks from today before the competent authority- respondent no.4 and in the event any such application is filed the competent authority shall dispose of the same within a period of six weeks from the date of production of certified copy of this order by means o