|Case No.||W.P. 11351/2020||Date of Filing||10/08/2020||Status||Pending||Petitioners||PSBB Learning Leadership Academy||Respondents||1. Barnali Rout 2. State Commissioner for Persons with Disabilities|
The Respondent, Barnali Rout is a person with 80% disability and was formerly a primary school teacher at the Petitioner institution since 2008. She filed a case against the Petitioner, PSBB Learning Leadership Another, in front of the Disability Commissioner.
In 2013, a student at the school tried to attempt suicide by jumping of a window ledge, and in order to save her, Ms. Rout also went out onto the window. She lost her footing and fell, resulting in her sustaining severe injuries and becoming a lifelong paraplegic.
Immediately after the accident, the Respondent was hospitalised, and this amount was reimbursed by the Petitioner. In August 2014, the Respondent was advised to undergo specialised treatment, which was available in the United States, for which the Petitioner institution promised to take care of the expenses. She also had to undergo rehabilitation therapy. However, the Petitioner did not reimburse the Respondent for these expenses when the time came.
The Respondent was also terminated from her employment in 2015. Prior to this, the Respondent’s husband repeatedly requested the Petitioner to reinstate her, stating that she would like to get back her teaching job, which she would be able to do with reasonable accommodation. However, she was offered the post of Administrative Support Staff, which was a lower position with less salary. This violates the Right to Persons with Disabilities Act, since demoting her from her previous position on account of her having acquired a disability, would be discriminatory and violative of Section 3 of the Act.
In this regard, the Respondent approached the State Commissioner for Disabilities, which directed the Petitioner to reinstate the 1st Respondent as a teacher with all necessary facilities, benefits and emoluments from 22.08.2013 till date and to further pay an arbitrary and ad hoc sum of Rs. 10,00,000 towards her medical expenses and future expenses.
This matter is currently pending.