The Bombay HC has quashed an order of Mumbai University cancelling appointment of a physically handicapped person as telephone operator-cum-receptionist and directed that instead he may be appointed as clerk-cum-typist.
“The impugned order of March 9 is set aside and the respondents are directed to appoint the petitioner as clerk-cum-typist with effect from the date on which he was appointed to the post of telephone operator-cum-receptionist, from June 7, 2008, within four weeks,” a bench headed by Chief Justice Mohit Shah of Bombay HC, said in their order on June 22.
Milind Salvi had applied for both the posts and was appointed as telephone operator-cum-receptionist. However, the University cancelled his appointment after four years on the ground that he was appointed to the post without holding necessary qualification. Being aggrieved, he moved the court.
“Since the petitioner was given the post of telephone operator-cum-receptionist by the respondents without any suppression of facts by him or false information given by him, we direct that respondents shall not recover any part of the salary and allowances paid to him,” the judges noted.
The University, however, asked for a stay on the Bombay HC order appointing the petitioner as clerk-cum-typist but the bench comprising Chief Justice Mohit Shah and Justice Nitin Jamdar rejected its plea saying they did not see any justification for this.
On May 4, 2007, the university had invited applications through an advertisement for various posts including that of one telephone operator-cum-receptionist and 27 posts of clerk-cum-typists. Three percent posts were reserved for handicapped persons.
Salvi had a disability exceeding 50 per cent but less than 60 per cent as per certificate issued on November 28, 2002, by All India Institute of Physical Medicine and Rehabilitation, Mumbai. He had applied for posts of telephone operator-cum-receptionist and clerk-cum-typist.