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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
| Table of Content |
|---|
| 1. petitioner's employment background and health issues. (Para 2) |
| 2. court's directive for reinstatement following laws protecting disabled employees. (Para 3 , 6 , 21) |
| 3. arguments for just treatment of medical leave. (Para 4 , 5) |
| 4. extraordinary leave rules in context of medical incapacity. (Para 10) |
| 5. obligation of respondents to re-employ and pay petitioner. (Para 12 , 22 , 25 , 26) |
| 6. court's observations on compliance with disability laws. (Para 20) |
| 7. partial allowance of petition for salary payment. (Para 27) |
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 Pe
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.
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