Disability Certificate Genuine, Orissa HC Orders To Reinstate Differently-Abled Teacher

Bhubaneswar: The Orissa High Court has ordered for reinstatement of a differently-abled teacher, who was disengaged over the authenticity of his disability certificate.

Santosh Kumar Padhi of Kokodaguda School in Nabarangpur challenged the order after being disengaged from the post of the junior teacher on February 5, 2018.

The single-judge bench of Justice Sashikanta Mishra observed that the disability certificate was issued by the proper authority and proved to be genuine. “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,” the order said.

The court directed to reinstate Padhi within a month with back wages and pulled State Commissioner for Persons with Disabilities was also pulled up for acting contrary to the legislature for ensuring protection of the rights of such people.

“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,” the April 5 order said.