I suggest what Rajesh has recommended in this case. His taking leave each time when the medical board assembles, will work against him. Besides presenting himself before the board, he can simultaneously apply for a DC and appear before District Hospital also.
Once armed with a DC or what ever nomenclature the local medical board gives it, he has many options. Also if the state Commissioner is not acting, A representation to the next senior officer should be given. Which should work out. Options of going to court should only be used as a last resort. regards SC Vashishth Advocate 2009/9/23 niranjanraj urs <[email protected]> > 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 > > Skype: georgeabraham13 > > Wiki page: http://en.wikipedia.org/wiki/George_Abraham_(India) > > > > > > ----- 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 > > > > > > > > To unsubscribe send a message to [email protected] > > 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 > > > > > > > > > > To unsubscribe send a message to [email protected] > > 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 > > > > > > To unsubscribe send a message to [email protected] > 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 > -- Warm regards, Subhash Chandra Vashishth Mobile: +91 (11) 9811125521 Please don't print this e-mail unless you really need to. 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