Zero salary for visually impaired staff in lockdown, BMC told to reply to
PIL

TIMES OF INDIA 29-08-2020

rosy.seque...@timesgroup.com

Mumbai:

The Bombay high court on Friday told BMC to respond to a public interest
litigation that sought directions to the municipal body to treat the
absenteeism of its disabled employees, particularly the blind and those
with low vision, during the coronavirus-induced lockdown as special leave
without loss of pay.

A bench of Justices Amjad Sayed and Nitin Borkar heard the PIL by National
Association for the Blind (NAB) which raised the issue of “around 250 blind
and low vision employees” who got zero salary.

On March 27, the Centre exempted government employees with disabilities
from reporting for duty during the lockdown. On April 21, the state
government issued a similar directive. But BMC’s May 25 circular directed
that staffers with disabilities be granted leave which is permissible as
per the Municipal Services Act. This means that if these employees have
exhausted their sanctioned leaves, they will get no salary if they don’t
report for work.

The PIL stated that disabled employees are facing financial difficulties as
they are not getting their salaries. Pointing out that people with
disabilities, especially those who are visually impaired or have low
vision, require assistance while travelling in trains or buses and even
crossing the road, it added: “...due to Covid-19 apprehension, nobody is
ready to touch a blind person even if he or she needs assistance.”

NAB’s advocate, Uday Warunjikar, argued that with no conveyance facility
provided by BMC, it’s difficult for these employees to reach office. He
added that in April, the social justice and empowerment and finance
ministries directed all public sector undertakings (PSUs) to exempt persons
with disabilities from essential services and to treat their absence as
special leave without loss of pay. Initially, Warunjikar said, a few PSUs
had tagged it as ‘sick leave’. He submitted the salary slip of a BMC
staffer who received zero pay in the lockdown months.

Raising objection to the maintainability of the PIL, BMC’s advocate said it
was filed by a trust and raised the grievance of only one employee.
Warunjikar responded that “the PIL is in respect of 250 blind and lowvision
employees who are getting zero salary”. Posting the next hearing after two
weeks, the HC directed BMC to file its reply.

TIMES VIEW: BMC’s policy cannot be at variance with other wings of the
government. Since a decision has been taken at the national level that
staff with disabilities can be exempted from attending office during the
lockdown, BMC must comply with the directive. Given the need to maintain
social distancing, visually impaired employees would find it difficult to
cope, and it would be inhuman to deny them wages at such a time.

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