Re: [AI] A Govt employee facing termination...
Hi, Please send me an application stating the sequence of events and efforts made and requesting us to take up the matter.Also please send all copies of letters recieved and sent in this matter including the documents that request medical fitmess. The matter needs to tackled immediatly with out delay. Please feel free to contact me on my mobile 9871653331. And send all documents to my id sachuramalin...@gmail.com I have already discussed the matter with the concerned people and this needs to be tackled at the earliest. Regards Sachu Ramalingam Chairperson, National Women's Forum, Secretary, AICB Head and Consultant, Vision Rehabilitation, Dr. Shroff's Charity Eye Hospital, New Delhi On Sun, Sep 27, 2009 at 1:41 PM, Krishnan Moothimoola moothimo...@gmail.com wrote: hai madam he is from wayanad of kerala .i have made contact with him. let me know what information required for taking by the advocacy group.next day i am going to visit Murali at his residence for getting more information about his sufferings. with best regards, krishnan m. moothimoola. - Original Message - From: sachu ramalingam sachuramalinga...@gmail.com To: accessindia@accessindia.org.in Sent: Saturday, September 26, 2009 5:13 PM Subject: Re: [AI] A Govt employee facing termination... Dear Sudhir, I think we shoul be able to help him. As secretary AICB, our advocasy wing can provide support and guidence to this discriminated candidate. Can you please send me all the documents and copies of complaints launched and responses got with a requisition letter to us requesting the required support. Regards Sachu Ramalingam Secretary, All India Confederation of the Blind Consultant and Head, Vision Rehabilitation Dr. Shroff's Charity Eye Hospital, New Delhi On Wed, Sep 23, 2009 at 9:31 AM, Sudhir R (NeSTIT) sudhi...@nestgroup.netwrote: 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 accessindia-requ...@accessindia.org.inwith 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 accessindia-requ...@accessindia.org.inwith 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 accessindia-requ...@accessindia.org.inwith 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 accessindia-requ...@accessindia.org.in with 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
Re: [AI] A Govt employee facing termination...
hai madam he is from wayanad of kerala .i have made contact with him. let me know what information required for taking by the advocacy group.next day i am going to visit Murali at his residence for getting more information about his sufferings. with best regards, krishnan m. moothimoola. - Original Message - From: sachu ramalingam sachuramalinga...@gmail.com To: accessindia@accessindia.org.in Sent: Saturday, September 26, 2009 5:13 PM Subject: Re: [AI] A Govt employee facing termination... Dear Sudhir, I think we shoul be able to help him. As secretary AICB, our advocasy wing can provide support and guidence to this discriminated candidate. Can you please send me all the documents and copies of complaints launched and responses got with a requisition letter to us requesting the required support. Regards Sachu Ramalingam Secretary, All India Confederation of the Blind Consultant and Head, Vision Rehabilitation Dr. Shroff's Charity Eye Hospital, New Delhi On Wed, Sep 23, 2009 at 9:31 AM, Sudhir R (NeSTIT) sudhi...@nestgroup.netwrote: 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 accessindia-requ...@accessindia.org.inwith 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 accessindia-requ...@accessindia.org.in with 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 accessindia-requ...@accessindia.org.in with 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
Re: [AI] A Govt employee facing termination...
Dear Sudhir, I think we shoul be able to help him. As secretary AICB, our advocasy wing can provide support and guidence to this discriminated candidate. Can you please send me all the documents and copies of complaints launched and responses got with a requisition letter to us requesting the required support. Regards Sachu Ramalingam Secretary, All India Confederation of the Blind Consultant and Head, Vision Rehabilitation Dr. Shroff's Charity Eye Hospital, New Delhi On Wed, Sep 23, 2009 at 9:31 AM, Sudhir R (NeSTIT) sudhi...@nestgroup.netwrote: 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 accessindia-requ...@accessindia.org.inwith 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 accessindia-requ...@accessindia.org.in with 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
Re: [AI] A Govt employee facing termination...
hai Rajesh sir, thank you for the mentioning the case . please send the judgement in to my personal email moothimo...@gmail.com with regards, krishnan m. moothimoola. - 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 GUPTAPetitioner 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
Re: [AI] A Govt. employee facing termination
Hello Jalaja Firstly, non-availability of any other post equivalent in pay and other benefits where he may work, has to be proved. Secondly, PWD act talks of creating a supernumerary post in the said event. 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 Jalaja Sent: Friday, September 25, 2009 1:11 PM To: accessindia@accessindia.org.in Subject: [AI] A Govt. employee facing termination Hello Rajesh sir and others, Being in the same department I contacted the District office and they refused to give the cell no. of district medical officer and the office people told me that he cannot see and travel without the help of another person and hence cannot be retained in the post. I told them about the P W D act and then they argued with me that it is mentioned only to adjust to another post and no such post is available and why can't he take voluntary retirement? In my knowledge his one month salary is also withheld and the district officer also issued a notice stating that it is punishable to work with the vision problem . Now he is applied for D C and he will get it soon thanks and regards---Dr. Jalaja To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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 Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this email by error, please notify us by return e-mail or telephone and immediately and permanently delete the message and any attachments. The recipient should check this email and any attachments for the presence of viruses. The Bank accepts no liability for any damage caused by any virus transmitted by this email. To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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
Re: [AI] A Govt employee facing termination...
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 GUPTAPetitioner 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
Re: [AI] A Govt employee facing termination...
Yes Rakesh sir, Such amendment in the article 17 should definitely brought in, and if it's implemented, that may be a great boon to the society. Any form of fight including pen, will be heartily supported by me and hope for the same from the rest of us. But how to begin taking up such issues is a concern, we should start some where and at some point of time. Regards, Govind. To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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
Re: [AI] A Govt employee facing termination...
Hello Certainly, more punishments should be suggested besides this. It is time we put our act together and put it across before the October 15 deadline. Harish Kotian - Original Message - From: Rakesh Kumar Gupta rkgd1...@gmail.com To: accessindia@accessindia.org.in Sent: Friday, September 25, 2009 5:57 PM Subject: Re: [AI] A Govt employee facing termination... 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 GUPTAPetitioner 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
Re: [AI] A Govt employee facing termination...
hai sir, please send the the case details in to my personal email moothimo...@gmail.com. - i am waiting your early reply. krishnan m. moothimoola.Original Message - From: akhilesh akhil.akhi...@gmail.com To: accessindia@accessindia.org.in 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) sudhi...@nestgroup.net 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 To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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 -- === Visit my blog at: freestuff4indians.blogspot.com Skype ID: akhil.akhil29 === To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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 accessindia-requ...@accessindia.org.in with 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
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 To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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 accessindia-requ...@accessindia.org.in with 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 Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this email by error, please notify us by return e-mail or telephone
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 GUPTAPetitioner 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
Re: [AI] A Govt employee facing termination...
Hi Sudhir I feel let him present him before medical board. Let them declare physically unfit for work even though correct terminology would be person with a disability. Then, let the authorities give in writing what they propose to do. Legally, he should be given alternative work/post with reasonable accommodation protecting his designation and benefits. If they propose to dispense with his services, or ask him to take VR, he have option to go to court against the action. If suitable work is not available, even supernumerary post may be created. The question of Non-application of section 47 of PWD act, to his cadre of assistant, does not arise. It will only arise when he is on contract or ad hoc employment etc. I know dealing with bureaucrats is debasing, to say the least. 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 Sudhir R (NeSTIT) Sent: Wednesday, September 23, 2009 9:32 AM To: accessindia@accessindia.org.in 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 accessindia-requ...@accessindia.org.in with 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 Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this email by error, please notify us by return e-mail or telephone and immediately and permanently delete the message and any attachments. The recipient should check this email and any attachments for the presence of viruses. The Bank accepts no liability for any damage caused by any virus transmitted by this email. To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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
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) sudhi...@nestgroup.net 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 To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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 -- === Visit my blog at: freestuff4indians.blogspot.com Skype ID: akhil.akhil29 === To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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
Re: [AI] A Govt employee facing termination...
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 geo...@eyeway.org 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: geo...@eyeway.org Website: www.eyeway.org Skype: georgeabraham13 Wiki page: http://en.wikipedia.org/wiki/George_Abraham_(India) - 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 To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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 accessindia-requ...@accessindia.org.in with 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 accessindia-requ...@accessindia.org.in with 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
Re: [AI] A Govt employee facing termination...
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 niranjanu...@gmail.com 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 geo...@eyeway.org 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: geo...@eyeway.org Website: www.eyeway.org Skype: georgeabraham13 Wiki page: http://en.wikipedia.org/wiki/George_Abraham_(India) - 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 To unsubscribe send a message to accessindia-requ...@accessindia.org.inwith 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 accessindia-requ...@accessindia.org.inwith 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 accessindia-requ...@accessindia.org.inwith 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. Consider environment! To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject
Re: [AI] A Govt employee facing termination...
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) 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 To unsubscribe send a message to accessindia-requ...@accessindia.org.in with 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 accessindia-requ...@accessindia.org.in with 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
