In such cases where people are not aware about what protects their rights,
it is the responsibility of the department to first check and inform the
person about the laws which protect them and then only, an informed decision
should be taken whereas, in most of the cases where person becomes disabled
later in life while working like Narhari and another one in Punjab
electricity board, the department forced the persons to take the VRS instead
of making the suitable arrangements for them according to the law.
With best regards,
Satguru
___,__.___
"Life's battle do not always go, to the stronger or faster man. But sooner
or later the one who wins, is the one who thinks he can."
Satguru Rathi
Mobile: +91-9871489945
Email: satgurura...@yahoo.co.in
Skype: satgururathi
Facebook: http://www.facebook.com/satguru.rathi.9
-----Original Message-----
From: George Abraham
Sent: Wednesday, October 08, 2014 12:15 PM
To: 'AccessIndia: a list for discussing accessibility and issues
concerningthe disabled.'
Subject: Re: [AI] People with disabilities can be reinstated after VRS
Well many people take the VRS since they are not aware of section 47 of the
PWD ACT. Infact many do not even know that the PWD Act exists.
George
-----Original Message-----
From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf
Of Asudani, Rajesh
Sent: 08 October 2014 11:51
To: AccessIndia: a list for discussing accessibility and issues concerning
the disabled.
Subject: Re: [AI] People with disabilities can be reinstated after VRS
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
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