hai sir,
Congratulation for bringing the serious issue to public discussion.he is from Wayanad and i telephoned in the morning and i convinced the condition is really pathetic. please request the list members to help sending similar case judgements in to my personal email [email protected].
earlier replies are highly appreciatable .
krishnan m. moothimoola.
----- 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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