Dear Sudhir
In my opinion, he should give details of his condition in writing detailing
the treatment and prognosis if applicable.
Moreover, he should ask for a change of job if he is not able to discharge
his work. This should be a last option, as, he would know the in and out of
the job he is doing and ways to undertake reasonable accomodation. He
should also show his interest to serve and suggest some positions where he
can discharge his job satisfactorily. He should also mention identified
jobs in PWD as a passing remark which exists in his office.
Did not understand what is the rational why PWD is not applicable to him. IS
it specifically exempted under PWD?
Desides, pl assure him, he should not be desperate about it. If possible,
try to identify the source of the problem and find ways where the matter
can be taken at a higher level at his office.
If it can be settled without a showdown, it is desirable. Moreover, it is
not pleasant working in a hostile environment.
Harish Kotian
----- 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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