I think a representation could be made to the higher authority above
the DMO, along with the extract of S47  of the PWD Act. I had adviced
the same way in a similar case in Co-operation Department in Karnataka
and it worked. The concerned officer was reprimanded by the higher
authority. Better solve it departmentally than take the legal course,
which is cumbersome.
Niranjan.B

On 9/23/09, George Abraham <[email protected]> wrote:
> Sudhir,
>
> Could you please send me the particulars.  I will forward the case to the
> CCPD's office.  It is strange that the CPWD has not yet acted on this.
>
> Thanks,
>
> George
> George Abraham
> CEO
> Score Foundation
> Y-70, LGF,
> Hauz Khas,
> New Delhi 110016
> India
> Ph: 91 11 26852581
> Telefax: 91 11 26852559
> Mob: 91 9810934040/91 9810001181
> Email: [email protected]
> Website: www.eyeway.org
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>
>
> ----- Original Message -----
> From: "Sudhir R (NeSTIT)" <[email protected]>
> To: <[email protected]>
> Sent: Wednesday, September 23, 2009 9:31 AM
> Subject: [AI] A Govt employee facing termination...
>
>
> 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
>
>
>
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