Reconsider decision asking visually impaired employees to report for duty: Karnataka High Court to State government

The Karnataka High Court, on Thursday, directed the State government to reconsider making it compulsory for government employees, particularly blind employees, to report for duty at 100 per cent capacity amid the COVID-19 pandemic..While issuing notice in a plea filed by Karnataka Federation of the Blind, a Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty urged the State government to reconsider its decision within two weeks. The Court ordered,."We direct state to reconsider its decision dated 18th May, in the light of rights guaranteed to differently abled persons and in particular blind persons. The issue will also have to be addressed in the context of the fact that some of the differently abled persons will need assistance, which will need touching the other person. We direct the State government to reconsider its decision considering the rights of differently-abled persons as well as genuine difficulties faced by them.".The Court took into consideration the submission by Senior Advocate Jayna Kothari, who contended that blind employees will need help, which means coming in physical contact with various persons..The plea moved on behalf of government employees with visual as well as other disabilities sought reasonable accommodation due to the challenges posed by COVID-19. It was the petitioner's case that the decision of the government in this regard was in direct contravention of the Central government directives..The plea pointed out that when the lockdown to contain Covid-19 was imposed, the Department of Empowerment of Persons with Disability (DEPwD) had issued comprehensive "disability-inclusive guidelines" on March 27. As per these guidelines, employees with blindness and other severe disabilities, in both public and private sector, were exempted from essential services work during the said period..On April 28, the Government of India had additionally issued another memorandum informing that the exempted period of absence from work for disabled employees may be treated as “Special Leave without loss of pay”, the petition said. .However, after the the lockdown was lifted in Karnataka, the State government on May 18 mandated all government employees belonging to Groups A, B, C and D to report for duty at 100% capacity. Even employees with disabilities fell under this ambit, it was pointed out. .Highlighting the plight of the disabled workers, the PIL said that some of them take personal leave on days when they are unable to work..Due to the increased dependence on other persons to assist them, persons with disabilities, especially those with blindness, are at an increased risk of infection of COVID-19 if made to travel to work, the petitioner association contended..Blind persons need physical assistance in movement and at work, and hence they are not able to maintain physical distancing. Due to the risk of COVID-19 infection, other persons including co-workers and staff are not willing to help persons with disabilities as they want to maintain physical distance, the plea further stated..Apart from being completely against the guidelines issued by the Centre, the decision of the State in mandating blind workers to come for work is against Section 8 (Protection and safety) of the Rights of Persons with Disabilities Act (RPWD Act) as well as Articles 14 and 21 of the Constitution, the petitioner asserted. .On these grounds, the petition sought directions from the Court to set aside the State government circular dated May 18. .Additionally, the petitioner also sought directions to be issued to the respondents to provide private transportation facilities for employees with disabilities, especially for persons with blindness, where exemption from roster duty is not possible. .The matter will be next heard on December 14. .[Read plea here]