Follow guidelines for assessing disability scrupulously: HC
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Madurai: Noting that a govt employee had been issued three disability certificates with varying percentages, the
Madras high court
emphasized that the guidelines issued by the department of empowerment of persons with disabilities under the Union ministry of social justice and empowerment for assessing and evaluating disability must be strictly followed.
Justice B Pugalendhi observed that Section 34 of the Right of Persons with Disabilities Act, 2016 mandates providing at least 4% reservation in all vacancies in govt establishments. Apart from this employment, the state and central govts are also providing certain other benefits to persons with disabilities, such as financial assistance, special pension schemes, unemployment allowances, concessions on transportation, reservation in education, and incentives for self-employment.
"The employment and other benefits are provided to persons suffering from disability to ensure that they are also treated equally with others. If certificates of this nature are issued, then the opportunities/benefits provided to disabled persons would be snatched away by those who are not deserving. Therefore, this issue needs to be addressed by the govt by issuing necessary directions/circulars," the judge observed.
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The department of empowerment of persons with disabilities has issued guidelines for assessing and evaluating disability percentages, along with procedures for issuing disability certificates. These must be followed strictly. Accordingly, the judge directed the secretary of health and family welfare to circulate these guidelines to all concerned departments and ensure strict compliance.
The court was hearing a petition filed by V Mohandass, appointed as a cook under the disabled quota in a govt adi dravidar welfare hostel in Natham, Dindigul district, in 2008.
He had 60% disability due to polio. Though he was later posted as an office assistant, this was revoked, and he was reverted to his original position. He sought court intervention for alternative employment and promotion, citing 12 years of service in the feeder cadre.
Justice Pugalendhi observed that, under current rules, a cook can be promoted only as a night watchman, then as an office assistant. Since Mohandass was appointed as a cook with 60% disability, he could not demand alternative employment as a right. However, taking into account that he met with an accident while serving and was already given a temporary alternative post, the judge instructed authorities to consider his case sympathetically and provide alternative employment near his native place.
The court also noted discrepancies in his disability certificates—60% in 2008, 40% in his current petition, and 51% after a fresh assessment—highlighting a lack of uniformity in issuing such certificates.
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