The Single Bench of the Delhi High Court in the case of R.S. Bhargava vs Govt. of NCT of Delhi & Ors. consisting of Justice Rekha Palli directs a school to permit the unvaccinated petitioner to rejoin his duties.
Facts
The petitioner, who has been working as PGT (Chemistry) in the respondent no. 4 school, approached this Court seeking directions for the petitioner to be reinstated into service, removed from “ON LEAVE” status and be allowed to conduct his classes on VC. He also prayed for being paid his salary for the months of December and January by the respondent no. 4 and that the period of 26.10.2021 onwards was not to be counted as “ON LEAVE” for him.
It was the petitioner’s case that since he had been suffering from Angio Immunoblastic T-cell Lymphoma (involving B-cell) (“AITCL”), he was advised not to take the COVID-19 vaccine as in the past he had already suffered serious allergic reactions from various drugs and medications. But owing to not being vaccinated, he was not allowed to discharge his duties. Consequently, he was not even allowed to take online classes, which he was willing to always take.
Procedural History
In August 2022 when the respondent no.1 directed him to appear before the concerned doctor once again at AIIMS and obtain a conclusive medical advice, the doctor opined that the petitioner had a high risk of developing an allergic reaction to the COVID-19 vaccine. After this report was received, the respondent no.2 was granted time to reconsider the matter.
Observations of the Court
The Bench was happy to note that based on the report furnished by the Board of Doctors at AIIMS, the respondent nos. 1 to 3 issued an order acceding to the request of the petitioner. His request for exemption from Covid-19 vaccination was acceded to as a special case, with a condition that he shall observe covid appropriate behaviour and guidelines, as issued by the appropriate authorities from time to time.
It was assured by the learned counsel for the petitioner that the petitioner will ensure that he always wears the mask while in the school premises and will also observe Covid-19 appropriate behaviour and guidelines. On instructions from the petitioner, it was also contended that the petitioner would be willing to forego 10% of his salary for this entire period, by considering the fact that it is not the respondent no.4 which can be faulted for not permitting the petitioner to perform duties.
Judgment
The writ petition was disposed of by directing the respondent no. 4 to forthwith permit the petitioner to join his duties. The respondent no.4 was further directed 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 re-joining duty. The said amount was to be paid within a period of six weeks from the date of judgment.
Case: R.S. Bhargava vs Govt. of NCT of Delhi & Ors.
Citation: W.P.(C) 2033/2022 & CM APPL. 5801/2022 & CM APPL. 19872/2022
Bench: Justice Rekha Palli
Decided on: 22nd September 2022
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