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The Karnataka State Government had on 18th May 2020 issued a notice directing all officers and employees in Government offices who are blind or disabled to report to duty and attend office according to their work schedule. Such an order was passed as a result of relaxing the lockdown imposed due to COVID-19. However, this order was challenged by the Karnataka Federation of the Blind before the Karnataka High Court.
The petitioners were represented by Advocate Jayna Kothari. It was submitted that such an order violated the directions issued by the Central Government in its notice on 27th March 2020, wherein it was mentioned that persons with disabilities are exempted from roster duty during COVID-19. Further, it was submitted that persons with disabilities who are in need of physical assistance would have to expose themselves to the infection in order to report to work, hence putting not only themselves in danger but also other employees. The petitioner stated that the notice is arbitrary and violated provisions under Section 8 of the Rights of Persons with Disabilities Act,2016 (RPwDA) which provides disabled individuals with an equal right to protection and safety from risks, humanitarian emergencies, and natural disasters. Articles 14 and 21 of the Indian Constitution were also mentioned in order to highlight the discriminative nature of the notice. Hearing this plea, the Karnataka High Court had directed the State Government to reconsider its decision of ordering 100% duty attendance.
In response to this notice, the Karnataka Government issued a revised notice on 5th January 2021, wherein it was stated that only 50% of the blind and disabled officials and employees of the Government offices were required to report to duty on alternate days. Examining this order the division's bench consisting of Justice Chief Justice Abhay Oka and Justice Sachin Shankar Magadum expressed their confusion of the idea behind ordering 50% of the disabled individuals to report to work. Noting the contentions of the petitioners and acknowledging the difficulties faced by disabled individuals in coping with the COVID-19 guidelines, the court directed the government to reconsider the notice while keeping in mind all directions issued by the Central Government with regard to working modes available to disabled individuals.
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