CUTTACK: The Orissa High Court has quashed the disengagement of a differently-abled teacher on grounds of the authenticity of his disability certificate. Santosh Kumar Padhi of Kokodaguda School in Nabarangpur was disengaged from the post of junior teacher on February 5, 2018. He had challenged the order. 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 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 on the way of conferring appropriate benefits on the person concerned,” Justice Mishra ruled. The court also held that the State Commissioner for Persons with Disabilities, who is statutorily duty bound to ensure protection of the rights of persons with disabilities has, in the case at hand, acted entirely 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.
Padhi had joined as Sikshya Sahayak at the Kokodaguda school in Nabarangpur on April 29, 2011. After three years of service, he was appointed as junior teacher with effect from April 28, 2014 in the same school.