“Non-application of mind:” Karnataka HC rebukes State Govt for ordering 50 percent differently-abled employees to report for work

Karnataka HC recently reprimanded the State govt for issuing a circular which made it mandatory that 50 percent of differently-abled government employees should report for work on alternate days.

A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum, said that the order was issued by the Karnataka government without application of mind and reasonable diligence.

The Bench pointed out that nearly 400 COVID-19 positive cases are reported everyday in Bengaluru and that the decision to force differently-abled employees to report for work could compromise their safety.

In its order, the court opined that the State govt had not even remembered to abide by the office memorandum dated October 2020, issued by Government of India, which provides that persons with disabilities and pregnant women shall continue to work from home only until any further orders.

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