Employees with disabilities Cannot Be Penalised for Lack of Infrastructure: Kerala High Court

Kerala: Today on June 6, 2025 Kerala High Court has ruled that a differently-abled government employee cannot be punished for the State’s failure to provide accessible workplace infrastructure. The ruling reinforces the obligations of the government under the Rights of Persons with Disabilities Act, 2016.

The Division Bench comprising Justice A. Muhamed Mustaque and Justice Johnson John was hearing a plea filed by T. Rajeev, a Senior Grade Typist in the Motor Vehicles Department with a 60% loco-motive disability caused by post-polio residual paralysis. Due to the inaccessibility of his office located on an upper floor, Rajeev had requested an inter-departmental transfer to the Irrigation Department, whose office was on the ground floor of the same building.

While the government eventually allowed the transfer, it demoted him to the lower pay scale of a Lower Division Typist, ignoring his request for pay protection. The High Court found this reduction unjust and violative of the employee's rights under the Disabilities Act.

Citing Sections 3, 20, and 45 of the Rights of Persons with Disabilities Act, the Court emphasised the legal mandate for non-discrimination, reasonable accommodation, and accessible public infrastructure. The judgment pointedly held that it is the government’s responsibility to ensure accessible workspaces and protect the dignity and livelihood of differently-abled employees.

Rajeev had first approached the Kerala Administrative Tribunal after facing disciplinary action for not attending the inaccessible office. The Tribunal set aside the action and directed the government to act on his request. However, the State initially denied the transfer, citing procedural limitations, and failed to consider the Disabilities Act. A contempt petition followed, after which Rajeev was transferred—but not at his previous pay grade.

When Rajeev challenged the pay cut, the Tribunal ruled in his favor, ordering that he be paid as a Senior Grade Typist. The State government appealed this decision in the High Court.

The High Court upheld the Tribunal’s order and stated that the government must either protect Rajeev’s salary or repatriate him to the Motor Vehicles Department without requiring him to work in an inaccessible environment. The Court explicitly stated that the government can only assign duties that comply with the Rights of Persons with Disabilities Act and that Rajeev cannot be made to climb stairs to reach his workplace.

The Court has directed the government to issue appropriate orders within a month and ensure Rajeev is paid the salary of a Senior Grade Typist until any further transfer or accommodation is arranged.