Published: 15th April 2022
Orissa High Court orders to reinstate differently-abled teacher
On April 29, 2011, Padhi had joined as Sikshya Sahayak at the Kokodaguda school in Nabarangpur. He was appointed as junior teacher in the same school after three years with effect from April 28, 2014
The disengagement of a differently-abled teacher was quashed by the Orissa High Court on grounds of the authenticity of his disability certificate.
Santosh Kumar Padhi was a junior teacher at Kokodaguda School in Nabarangpur. On February 5, 2018, he was disengaged from the post of junior teacher. He had challenged the order for the removal from his post and Advocate JK Lenka argued the case for Padhi.
While directing to reinstate Padhi within a month with back wages, the single judge bench of Justice Sashikanta Mishra observed that the disability certificate of the teacher was proved to be genuine as it was issued by proper authority.
"The only objection that could be raised against the certificate is that the same is not in the proper statutory form, but then when the content of the said certificate has been proved to be correct, mere technicality cannot stand in the way of conferring appropriate benefits on the person concerned," Justice Mishra ruled.
The court also stated that in this case, the State Commissioner for Persons with Disabilities, who is statutorily bound to ensure the protection of the rights of persons with disabilities, has, in this case, acted contrary to the legislature.
"In fact, by entertaining a complaint submitted by a person apparently having no locus standi and, who in all probability, was a busy-body and in allowing the same without granting an opportunity to the petitioner against whom the complaint was made, it has given a complete go by to the principles of natural justice," Justice Mishra said in his April 5 order, a copy of which was available on Wednesday.
On April 29, 2011, Padhi had joined as Sikshya Sahayak at the Kokodaguda school in Nabarangpur. He was appointed as junior teacher in the same school after three years with effect from April 28, 2014.