Private School to allow an Unvaccinated Teacher to Resume Duties: Delhi High Court

Private School to allow an Unvaccinated Teacher to Resume Duties: Delhi High Court

The Delhi High Court pursuant to a report received from a 5- member Board constituted by the AIIMS, directed the private school to allow an unvaccinated teacher to resume duties.

Facts

The petitioner, who has been working as PGT (Chemistry) in the respondent school. The petitioner was suffering from Angio Immunoblastic T-cell Lymphoma (involving B-cell) (AITCL) and on account of this medical condition, he has been consistently advised by doctors from various medical institutions that, his condition may deteriorate in case he takes the vaccination as he has in the past already suffered serious allergic reactions from various drugs and medications. 
However, on account of the various orders passed by the Govt. of NCT of Delhi (GNCTD) and the District Disaster Management Authority (DDMA) making it mandatory for all teachers to be 100% vaccinated, he has not been allowed to discharge his duties as he has not been able to take the COVID-19 vaccination on account of his medical condition.
It was claimed by the petitioner that even though, on 26.10.2021, looking at his medical conditions, he was initially granted exemption by the GNCTD from taking any COVID-19 vaccination, the exemption was unilaterally withdrawn on 29.10.2021. Consequently, the petitioner has not even been allowed to take online classes, which he was willing to always take.

Arguments 

The petitioner assured that he always wears the mask while in the school premises, and will also observe Covid-19 appropriate behaviour and guidelines. 

The petitioner prayed that the respondent be directed to forthwith permit the petitioner to join his duties and treat the period between 02.11.2021 till the date he is permitted to join duty, as “on duty”, for all intents and purposes. 

The petitioner prayed that the respondent be also directed to release the balance salary for the entire period after deducting the amount already paid to him pursuant to the interim orders passed by the Court.

Court’s Observation

The bench of Justice Rekha Palli has observed that on instructions from the petitioner that the petitioner would be willing to forego 10% of his salary for the entire period, by taking into account the fact that it is not the respondent which can be faulted for not permitting the petitioner to perform duties. 

The court directed the respondent to release the balance salary along with all allowances payable to him after deducting 10% from the salary payable for the period between 02.11.2021 till the date of his rejoining duty. The said amount will be paid within a period of six weeks.

Case title: R.S Bhargava v/s Government of NCT of Delhi and Ors.

Citation: W.P.(C) 2033/2022 & CM APPL. 5801/2022 & CM APPL. 19872/2022

Click here to read the Order/Judgment 

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