Anupama D. v. The Office of the Directorate of the Disabled and Senior Citizens Empowerment & Ors.

July 8, 2019 | Deekshitha Ganesan
Case No. Writ Petition No. 22745/2019 Date of Filing 30/05/2019 Status Pending Petitioners Anupama D. Respondents 1. The Office of the Directorate of the Disabled and Senior Citizen's Empowerment 2. District Disabled Welfare Officer 3. Government of Karnataka, through the Women and Child Department 4. Chief Executive Officer, Zila Parishad 5. State Commissioner for Persons with Disabilities 6. Blind Children's Residential School, Chitradurga

The Petitioner is a person with blindness. She had applied for the post of Assistant Teacher in the Blind Children’s Residential School, Chitradurga (Respondent No. 6) which is an aided school. She was appointed as an Assistant Teacher in November 2011. However, she was not informed of her appointment or given a copy of the appointment order. Moreover, Respondent No. 6 did not inform the Petitioner about her selection and instead opened a bank account in her name and misappropriated her salary without her knowledge. Respondent No. 6 asked an able-bodied female teacher to conduct classes during school inspections, sign against the name of the Petitioner in the attendance register, and operate the bank account on behalf of the school.

 

On becoming aware of these developments, the Petitioner approached the State Commissioner for Persons with Disabilities (Respondent No. 5). Respondent No. 5 passed an order dated 04.08.2017 in the favour of the Petitioner directing the District Disabled Welfare Officer (Respondent No. 2) to allow the Petitioner to work as an Assistant Teacher from the date of the original appointment order. Further, Respondent No. 6 was directed to pay the misappropriated sum of INR 86,000 to the State Government.

 

Despite the said order and several representations, Respondent No. 6 failed to reinstate the Petitioner or pay the misappropriated amount.

 

Aggrieved by the inaction of the Respondents, the Petitioner has filed the present Petition seeking a writ of mandamus directing the Respondents to appoint her as an Assistant Teacher in the Blind Children’s Residential School, Chitradurga (Respondent No. 6) at a pay scale of INR 6,250-12,000.

 

The Petition has been filed on the grounds that the Respondents have failed to comply with the order dated 04.08.2017. Further, the Petitioner contends that the actions of the Respondents are in violation of her rights under Articles 14, 16 and 21 of the Constitution of India, 1950.

 

The present Petition is currently pending before the Hon’ble High Court of Karnataka. On 11.06.2019, the Hon’ble Court was pleased to issue an emergent notice to the Respondents.

Case No. Writ Petition No. 22745/2019 Date of Filing 30/05/2019 Status Pending Petitioners Anupama D. Respondents 1. The Office of the Directorate of the Disabled and Senior Citizen's Empowerment 2. District Disabled Welfare Officer 3. Government of Karnataka, through the Women and Child Department 4. Chief Executive Officer, Zila Parishad 5. State Commissioner for Persons with Disabilities 6. Blind Children's Residential School, Chitradurga