We cannot be so oblivious to the fact that God has not been so kind to the physically disabled employees who are working for their daily bread. The whole purpose of the PIL filed by the National Association of Blind was to espouse the grievances and enforcement of the rights of the physically disabled employees. A petition was filed under Article 226 of the Indian Constitution which is claimed to have been instituted in the public interest against the circular issued by Brihan Mumbai Mahanagar Palika (BMC). Such action by the corporation is an affront to the rights made available to the physically disabled under the Rights of Persons with Disability act,2016, and the equal treatment in public employment under Article 16 of the Constitution of India. Physically disabled employees are discriminated against the arbitrary withdrawal of the benefit in the wake of the pandemic.
On March 27, 2020, the Ministry of Personnel, Public Grievance, and Pensions of the Government of India issued a direction relating to the physically disabled person as they were exempted from attending the office during the lockdown period. The same was drawn in the government resolution issued by the State of Maharashtra on April 21, 2020, but the response that is BMC issued the impugned order dated May 26, 2020.
Locus Standi of party instituting litigation has to be ascertained and if they have suffered a legal injury then it shall be legally protected by the state. The bench of Chief Justice Dipankar Datta and Justice GS Kulkarni has directed to pay the first instalment before Diwali and the second within 45 days thereafter. The orders were given by the state and Central Government were issued because of the inconvenience that physically disabled people face while travelling to their workplace. Law is well settled that any action of the authority within the meaning of Article 12 of the Constitution having civil consequences must comply with the principles of natural justice.
Being an authority within the meaning of Article 12 of the Constitution, adherence to the Constitutional norms and ethos, and extending the beneficent provisions of the extant statutes to those deserving of it should not have been done away with by the Corporation. While discharging its statutory obligations, the Corporation has to ensure that its physically disabled employees receive fair opportunity commensurate with their needs as well as facilities/access that the RPWD Act postulates, and also that they do not suffer for any other disability not attributable to them.