Release of withheld salary for Covid-19 period to be considered on parity and sympathetic grounds.

The applicant, a teacher with a 40% physical disability, was originally posted at GHSS Rabta near his hometown but was subsequently transferred to GHSS Gulabgarh, approximately 250 km away

Due to his disability and the onset of the Covid-19 pandemic in March 2020—which led to the categorization of the district as an "Orange Category" and the implementation of 50% staff attendance rotations—the applicant could not physically join his duties at the new location

Consequently, the respondents withheld his salary for the period from 01.08.2020 to 31.10.2021

The applicant contended that other similarly situated teachers who did not attend schools physically due to Covid-19 restrictions were paid their salaries

The applicant sought a direction for the release of his withheld salary

1. Whether the respondents acted arbitrarily in withholding the applicant's salary for the period of 01.08.2020 to 31.10.2021, given his physical disability and the prevailing Covid-19 restrictions

2. Whether the applicant is entitled to a direction for the respondents to consider his representation for the release of salary on medical and sympathetic grounds

The Tribunal applied the principles of administrative fairness and non-discrimination, particularly the mandate that similarly situated employees under the same restrictive circumstances (Covid-19 lockdowns) must be treated equally

It further considered the doctrine of sympathetic consideration in administrative actions involving employees with disabilities, especially when external factors like a global pandemic and government-imposed travel/attendance restrictions (Orange Category district status) prevent the physical performance of duties

The Tribunal noted that the applicant’s inability to join the distant posting was compounded by a 40% disability and the logistical hurdles of the Covid-19 pandemic

The court highlighted a potential disparity in treatment, as the applicant alleged that other teachers who remained absent from physical premises during the same period received their salaries

The Tribunal observed that online classes only commenced in July 2021, meaning the lack of physical attendance prior to that was a systemic reality rather than an individual lapse

Linking these facts to the law, the Tribunal determined that the respondents must evaluate the case not merely as a service default but through the lens of the prevailing emergency regulations and the applicant's specific medical constraints

It directed the Director, School Education Department, to treat the O.A. as a formal representation by the applicant. The holding mandates the respondents to pass a reasoned and speaking order within four weeks of receiving the judgment, considering the applicant’s medical condition, the "Orange Category" status of the district, and the precedents of salary payments made to similarly situated teachers