Court mandates infrastructural upgrades and policy reforms for specially-abled employees, addressing grievances of Prof. Dr. Kaushik Majumdar.
In a significant ruling, the Karnataka High Court, presided over by Justice M.G.S. Kamal, has addressed the grievances of Prof. Dr. Kaushik Majumdar, a specially-abled Associate Professor at the Indian Statistical Institute (ISI). The court has mandated a series of reforms to ensure equal opportunities and accommodations for employees with disabilities at the institute.
The court's decision came in response to a writ petition filed by Dr. Majumdar, who sought various reliefs, including the provision of disability-friendly accommodations and the formulation of policies for recruitment and promotion of disabled persons in line with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
A key aspect of the judgment was the court's directive for ISI to construct disability-friendly accommodations on its campus. The institute has committed to completing this construction within two years, irrespective of fund availability, allowing Dr. Majumdar to use adjacent kitchen facilities until the project's completion.
Additionally, the court acknowledged that a permanent committee, titled 'Rights of Persons with Disability,' has already been constituted within ISI to address issues faced by disabled persons, with Dr. Majumdar appointed as the chairman.
In terms of recruitment and promotion policies, the court was informed that ISI has policies in place consistent with the 1995 Act, and Dr. Majumdar has been granted periodic promotions and pay increments. The court emphasized that any breach of these policies could be challenged by Dr. Majumdar in court.
The judgment also involved the withdrawal of some reliefs initially sought by Dr. Majumdar, specifically those related to the Research Fellow Advisory Committee and headship issues.
This ruling marks a crucial step towards ensuring a more inclusive and accommodating environment for disabled employees at educational institutions, reinforcing the need for infrastructural and policy reforms to uphold the rights of all individuals.
Bottom line:-
Specially-abled employee seeking infrastructural facilities and policy reforms for disabled persons in the workplace, including reservations, promotions, and disability-friendly accommodations.
Statutory provision(s):
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
