K. Ganesan Vs. the Managing Director, Metropolitan Transport Corporation Chennai, Limited - Court Judgment

Excerpt:

service - alternative employment - section 47 of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 - appellant was working as bus driver in respondent corporation - he suffered from heart attack and underwent by-pass surgery - claim alternative employment under section 47 of act due to above health reason - respondent discharged him from service on medical ground - filed petition against discharge - petition allowed in part - hence, present appeal - held, section 47 of act deals with non discrimination in government employment if an employee after acquiring disability is not suitable for post which he initially held - thus disability as defined in section 2(i) of act cannot be confined to initial appointment only rather extend to subsequent disability also - in present case appellant acquired disability after employment - therefore respondent in light of section 47 of act should have availed alternative employment to appellant instead of discharging him - hence, order of discharge liable to be set aside - appeal allowed - order:during the budget session, held on 27-4-1981, the minister (transport) announced interalia in the legislative assembly that the workers who are declared unfit for continuance in the same posts by doctors, while in service, because of eye defect or any other ailments, will be provided with alternative employment in posts like 'helpers', 'afresh' depending upon their qualifications, experience and suitability for the new post, after settling their service benefits.2. the government accordingly direct that the workers in state transport undertakings who are declared unfit for continuance in the same posts, by doctors, while in service, because of eye defect or any other ailment, be discharged on medical grounds and their service benefits, settled. they should be subsequently provided with alternative employment in posts like 'helpers' depending upon their qualification and experience and suitability the new posts, without consulting the employment exchange. they should be appointed as fresh entrants only in the scale of pay or consolidated pay admissible to the new posts and their services terminated on the date on which they attain the age of superannuation.3. this order.....

Judgment:

ORDER

:

During the budget session, held on 27-4-1981, the Minister (Transport) announced interalia in the Legislative Assembly that the workers who are declared unfit for continuance in the same posts by Doctors, while in service, because of eye defect or any other ailments, will be provided with alternative employment in posts like 'Helpers', 'afresh' depending upon their qualifications, experience and suitability for the new post, after settling their service benefits.

2. The Government accordingly direct that the workers in State Transport Undertakings who are declared unfit for continuance in the same posts, by doctors, while in service, because of eye defect or any other ailment, be discharged on medical grounds and their service benefits, settled. They should be subsequently provided with alternative employment in posts like 'Helpers' depending upon their qualification and experience and suitability the new posts, without consulting the Employment Exchange. They should be appointed as fresh entrants only in the scale of pay or consolidated pay admissible to the new posts and their services terminated on the date on which they attain the age of superannuation.

3. This order issues with the concurrence of the Labour & Employment Department-Vide its U.O. No. 26648/N1/81-1 dt.23.6.81.

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