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by Admin
07 May 2024 2:49 AM
In a groundbreaking judgment, the Supreme Court of India has reaffirmed the rights of persons with disabilities, emphasizing the principle of reasonable accommodation. The ruling, delivered by Justices S. Ravindra Bhat and Aravind Kumar, sets a significant precedent in the realm of employment for individuals with disabilities.
The judgment, handed down on October 16, 2023, centers on the case of an applicant who faced color vision deficiency, which came to light after being selected for the position of Assistant Engineer (AE) in the Tamil Nadu Generation and Distribution Corporation (TANGEDCO).
The Court's observation on the principle of reasonable accommodation resonated strongly:
"Reasonable accommodation thus, is 'appropriate modification and adjustments' that should be taken by the employer, in the present case, without that duty being imposed with 'disproportionate or undue burden.'"
The appellant, a graduate in electrical engineering with practical experience, was denied the position by TANGEDCO on the grounds of color vision deficiency. TANGEDCO contended that the appellant did not qualify as a person with benchmark disabilities under the Rights of Persons with Disabilities Act, 2016. However, the Court found that TANGEDCO's offered position as Junior Assistant was unsuitable for the appellant, and the refusal was justified.
The judgment directed TANGEDCO to appoint and continue the appellant as AE (Electrical) with appropriate responsibilities, including 50% of full arrears of salary and allowances, and full service continuity from the original date of appointment.
This landmark decision underscores the duty of employers to accommodate persons with disabilities without imposing an undue burden. It expands the scope of what constitutes a disability under the law and highlights the importance of ensuring equal opportunities and rights for individuals with disabilities in the workplace.
The judgment also builds on previous rulings emphasizing the principle of reasonable accommodation, affirming that each individual's dignity and worth must be respected, regardless of their disability. The ruling draws a clear line between formal equality and substantive equality, emphasizing that the latter aims at achieving equality of outcomes for individuals with disabilities.
This verdict is expected to have far-reaching implications, not only in the employment sector but also in the broader context of ensuring the rights and inclusion of persons with disabilities in various facets of society.
Date of Decision: October 16, 2023
MOHAMED IBRAHIM vs THE CHAIRMAN & MANAGING DIRECTOR & ORS.
[gview file="https://lawyerenews.com/wp-content/uploads/2023/10/16-Oct-2023_Mohd_Ibrahim_Vs_Charman_and_Director.pdf"]
