Govt should ensure disabled-friendly infra in public places, rules Kerala HC
Kochi: High court, in a significant judgment, held that the state govt must ensure that infrastructure facilities in public places are accessible to persons with disabilities, and observed that if the govt fails to provide such facilities, a govt servant cannot be compelled to work in a manner that goes against their physical ability.
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The court was considering a petition filed by the state challenging the Kerala Administrative Tribunal's (KAT) order allowing an interdepartmental transfer to T Rajeev, a senior grade typist in the motor vehicles department (MVD), Thrissur, on account of his physical disability, and dismissing the decision to reduce his salary.
Rajeev had sought a transfer to the irrigation department, citing his inability to climb the upper floor of the building where the MVD office is located.
He requested to be appointed as an LD typist in the irrigation department's Thalappilly subdivision office, which functions from the ground floor of the same building. The govt rejected his application, prompting him to approach the KAT, which in 2020 directed consideration of his request in light of the provisions under the Rights of Persons with Disabilities Act, 2016.
While the govt subsequently permitted the transfer, it reduced his salary from that of a senior grade typist to that of an LD typist, despite his claim to the higher scale.
This led to further litigation, and the tribunal held that Rajeev was entitled to retain his original salary, and any reduction would violate the provisions of the Disabilities Act. The state then moved HC against the tribunal's orders.
Examining the matter, HC observed that it was the govt's statutory duty to provide a physical environment conducive to Rajeev's abilities. Instead of addressing the issue, it was Rajeev who found a practical solution by seeking an interdepartmental transfer.
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HC emphasised that the govt cannot abdicate its responsibility under the Disabilities Act.
The division bench set aside the interdepartmental transfer. It clarified that Rajeev cannot be forced to take the staircase to the upper floor and must be provided with a working environment suitable to his condition. The court also directed the state to issue appropriate orders within a month and continue paying Rajeev the salary he is entitled to.
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