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IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD
NAMAVARAPU RAJESHWAR RAO
S.G.R.Prakash, S/o.S.Gyama Sundaram – Appellant
Versus
Union of India – Respondent
ORDER :
Namavarapu Rajeshwar Rao, J.
This writ petition is filed seeking the following relief:
“…..to issue a Writ, Order or direction particularly one in the nature of WRIT OF MANDAMUS by declaring the action of Respondent Nos.2 and 3 in not treating the period from 22/12/2016 to 11/09/2018 as on duty and not paying salary for the said period in accordance with the orders of the Court of Chief Commissioner for Persons with Disabilities Act Divyangan 2016 and further the action of the Respondents in seeking to recover Rs 1 78 647/ from the Petitioner and the action of Respondents in not paying arrears of MACP and Revision of Pay and the increments due to the Petitioner as illegal arbitrary and violative of Articles 14 16 and 21 of the Constitution of India and contrary to the Rights of Persons with Disabilities Act 2016 more especially Sec 20 4 and further direct the Respondents to treat the entire period from 22/12/2016 to 11/09/2018 as on duty and pay salary accordingly and also release arrears under MACP by setting aside the orders of recovery dated 14/12/2020 with interest alias 12 percent ….”.
2. The brief facts of the case are as follows :-
(i) The petitioner was initially appoint
Employer must ensure that an employee with a disability is treated fairly, including salary payment for an absence due to illness, under the Rights of Persons with Disabilities Act, 2016.
The central legal point established in the judgment is the obligation of the respondents to provide alternative employment to a disabled employee as directed by the court under the Persons with Disab....
Non-discrimination in employment for employees with disabilities is mandated under the Rights of Persons with Disabilities Act, 2016, requiring timely salary payments and reimbursements for medical e....
Disciplinary actions for unauthorized absence, including penalties of reduction and dismissal, were upheld, affirming adherence to procedural rules and cautioning against claims of double jeopardy.
The main legal point established in the judgment is that the proceedings issued by the High Court were for the purpose of regularization of the petitioner's service and fixation of pension, and not f....
The court established that the acceptance of monetary benefits under duress does not preclude the right to seek alternative employment under the Rights of Persons with Disabilities Act, 2016.
Court affirmed 'No Work No Pay' applies where absence is unauthorized and justified by inquiry findings.
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