Hi,
In practically, we directly can not do more in this matter, although
everything is possible, if concerned person may have some patience and he
has strong will power to fight against this type of exploitation at any
level.
Many officers, who are looking very rigid and there views are very narrow
about any disabled person / employee.
They can be treated rightly only by tacts and laws.
Some other disabled employees including me are facing same in several
department and we have got some success in same, but this fight is still
continue until any type of discrimination and exploitation specially on the
ground of disability will be remained at any level.
But here, I have an important question from all learned persons that Why do
we not stress on Central Government to add a additional clause in Article 17
of Constitution of India that:
"any type of negative discrimination and exploitation on ground of
disability by any person / officer at any level will be punishable".
because by this revolutionary constitutional amendment, maximum type of
discrimination and exploitation on the bases of disability at any level can
effectively be stopped.
Regards,
Rakesh.
----- Original Message -----
From: "Asudani, Rajesh" <rajeshasud...@rbi.org.in>
To: <accessindia@accessindia.org.in>
Sent: Friday, September 25, 2009 10:35 AM
Subject: Re: [AI] A Govt employee facing termination...
Section 1 (2) of persons with disabilities act makes it applicable to
entire India except the state of Jammu and Kashmir.
Kunal sing versus Union of India is an instructive case about section 47.
Following citation is also highly relevant.
IN THE HIGH COURT OF DELHI
(BEFORE DR. MUKUNDAKAM SHARMA, J.)
VIRENDER KUMAR GUPTA Petitioner
Vs.
DELHI TRANSPORT CORPORATION Respondent
C.W. No. 2949 of 1998 and C.W. No. 6731 of 1998
Dated : 4.9.2001
Protection under Section 47, Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 -
Section 47 - Petitioner a conductor - Bus met with accident - Petitioner
certified by AIIMS as medically fit - When he went to the Depot Manager,
he was referred to the Medical Board of the Respondent - It declared him
medically unfit - Prematurely retired - Aggrieved - Held Order of
premature retirement set aside and Petitioner reinstated.
Equivalent Citation: 2002 (61) DRJ 355
I can provide the text of judgments, if required.
If, "God's own country", considers itself outside India, then it is
another matter!!!!
(Smile)....
Regards
Rajesh Asudani
Assistant General Manager (PPS),
Reserve Bank of India
Nagpur
09420397185
O: 0712 2806676
Res: 0712 2591349
Doth God exact day-labour, light denied?"
John Milton
-----Original Message-----
From: accessindia-boun...@accessindia.org.in
[mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Asudani,
Rajesh
Sent: Friday, September 25, 2009 10:12 AM
To: accessindia@accessindia.org.in
Subject: Re: [AI] A Govt employee facing termination...
I am told that concerned DMO is of the firm opinion that Persons with
disabilities act applies to Central government employees and is not
applicable to state government employees.
I am amazed firstly at the fact that how a medical officer is acting like
a legal officer and deciding the applicability of the acts.
secondly, who knows, Kerala government may also, like Maharashtra
government, have indulged in arbitrary changes in the disability act
modifying it according to
its own sweet will!!!!!
I am sure there are judgments about s47 of PWD applying it to governments
of NCT and even other states.
I will send the judgments shortly.
I am sure there are no legal grounds for opinions of medical officer and
even if "God's own country" has passed any such restrictive provisions,
they have to be assented to by president otherwise they are void.
I am sure he will get relief in god forsaken country.
Regards
Rajesh Asudani
Assistant General Manager (PPS),
Reserve Bank of India
Nagpur
09420397185
O: 0712 2806676
Res: 0712 2591349
Doth God exact day-labour, light denied?"
John Milton
-----Original Message-----
From: accessindia-boun...@accessindia.org.in
[mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Krishnan
Moothimoola
Sent: Thursday, September 24, 2009 8:28 PM
To: accessindia@accessindia.org.in
Subject: Re: [AI] A Govt employee facing termination...
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 moothimo...@gmail.com.
earlier replies are highly appreciatable .
krishnan m. moothimoola.
----- Original Message -----
From: "Sudhir R (NeSTIT)" <sudhi...@nestgroup.net>
To: <accessindia@accessindia.org.in>
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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