hai sir,
please send the the case details in to my personal email
[email protected].
-----
i am waiting your early reply.
krishnan m. moothimoola.Original Message -----
From: "akhilesh" <[email protected]>
To: <[email protected]>
Sent: Wednesday, September 23, 2009 2:02 PM
Subject: Re: [AI] A Govt employee facing termination...
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) <[email protected]> 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
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