Hello, As far as I think, he should go to the medical board first, and get the disability certificate from there. Please wait till tomorrow and I'll send you a case decision. The facts and issue of that case are very similar to this case. Don’t even think that he’ll be terminated from his job. Other lawyers of this list can guide you very well.
Thanks and regards, Akhilesh. On 9/23/09, Sudhir R (NeSTIT) <sudhi...@nestgroup.net> wrote: > Folks, > > > > I wish to bring to your urgent attention the case of a Govt employee > from Kerala's Health Dept, who went blind recently, facing termination > and not knowing how to proceed. He lost his vision recently and is > facing harassment from his colleagues at the Primary Health Centre that > he works in, including not being permitted to sign on the roster. > > > > He used to take his wife along to the office for assisting him, but, > even this has not been permitted. The DMO has been telling him to > present himself before a Medical Board to prove his physical fitness and > take voluntary retirement if and when his disability is proved. > > > > He has given representations to the Commissioner for PWD at > Thiruvananthapuram, but, there has been no response. When the DMO was > shown the relevant clauses of the PwD Act, he was told that the > protection available to a person acquiring a disability while in service > will not be applicable to his cadre (I understand he works as an > assistant at the PHC). . > > > > Now, he has been asked to present himself before the Medical Board next > Tuesday. On earlier occasions, he has avoided this by taking sick > leave. This time, he is in a dilemma as the pressure is mounting on him > to accept his disability and quit. > > > > It may be noted that he has not yet gotten himself a disability > certificate and hence theoretically not yet a disabled person as per > his official records. > > > > Pls share your views on the courses of action available to him, > including for the immediate term. > > > > The moot question is, can he present himself before the Medical Board > and let himself be declared disabled (or as they would term it, > "physically unfit for work") ? Is it time for him to challenge the > departmental harassment in Court ? Or, should he wait for response from > the CPWD, considering he gave his representation only a month back ? > > > > Looking forward to your advice at the earliest... > > > > Thanks and rgds > > > > RS > > + 98 472 76 126 > > > > To unsubscribe send a message to accessindia-requ...@accessindia.org.in with > the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > -- === Visit my blog at: freestuff4indians.blogspot.com Skype ID: akhil.akhil29 === To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
