then it is not VRS in the true sense of the term. But the compulsion has to be proved in the court of law.
With thanks and regards (Rajesh Asudani) Assistant General Manager Market Intelligence Unit Reserve Bank of India Nagpur Tel.: 0712 2806358 (In youth you want things, and then in middle-age you want to want them.) -----Original Message----- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of George Abraham Sent: Wednesday, October 08, 2014 10:16 AM To: 'AccessIndia: a list for discussing accessibility and issues concerning the disabled.' Subject: Re: [AI] People with disabilities can be reinstated after VRS In the case of Narhari Thakar too, he was compelled to take VRS on account of his blindness. -----Original Message----- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Asudani, Rajesh Sent: 08 October 2014 10:04 To: sivakumarnan...@gmail.com; AccessIndia: a list for discussing accessibility and issues concerning the disabled. Subject: Re: [AI] People with disabilities can be reinstated after VRS I think court has gone overboard and interpreted s47 too favorably for employees. Had it been a compulsory retirement or removal from service, it was understandable. Moreover, giving retrospective benefits seems unwarranted. I think SC would set it right, if railway approaches it. With thanks and regards (Rajesh Asudani) Assistant General Manager Market Intelligence Unit Reserve Bank of India Nagpur Tel.: 0712 2806358 (In youth you want things, and then in middle-age you want to want them.) -----Original Message----- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of M Sivakumar Sent: Wednesday, October 08, 2014 9:09 AM To: accessindia Subject: [AI] People with disabilities can be reinstated after VRS KOCHI: Supporting the special rights of people with disabilities, the Kerala high court held that an employee who took voluntary retirement due to a disability while in service should be reinstated if he or she wishes so later on. The ruling was made by a division bench comprising Justices Antony Dominic and Dama Seshadri Naidu while considering an appeal filed by Southern Railway opposing such a reinstatement order issued by the Ernakulam bench of central administrative tribunal. Fancy Babu of Kottayam, working as a senior clerk at Palghat division of Southern Railway, had taken voluntary retirement on February 15, 2002. This was after she was affected by paraplegia due to spinal cord compression, which was ratified by a medical board of Kottayam Medical College. In 2009, she filed a petition before the tribunal seeking reinstatement in service, claiming such right under section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995. The tribunal ordered her reinstatement with effect from February 15, 2002 along with all consequential benefits. Questioning the tribunal's order at the high court, Railway's counsel Tojan J Vathikulam contended that the woman had voluntarily applied for retirement. However, the court disagreed with this view. "Railways could not take advantage of such an application made by a disabled employee under compelling circumstances arising out of the disablement," the court ruled, upholding the tribunal's order. Source http://timesofindia.indiatimes.com/city/kochi/People-with-disabilities-can- be-reinstated-after-VRS/articleshow/44475798.cms -- m. sivakumar. P.hd. International Institute of Tamil Studies CIT Campus, 2nd Main Road, Tharamani, Chennai, 600113 We're conditioned to think that our lives revolve around great moments. But great moments often catch us unaware-beautifully wrapped in what others may consider a small one. Clean India Campaign: Let us also chip in! 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The Reserve Bank of India accepts no liability for any damage caused by any virus transmitted by this email. Clean India Campaign: Let us also chip in! Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/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 Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
