In September 2012, a person passed written examination for Group D post in Western Railway. However, after pre-employment medical check-up he was rejected on medical grounds due to ophthalmic reasons.
He has 6/12 or 6/9 vision which is the requirement for carrying out the day to day activities of the said post but they have found progressive disease in his retina which may lead to blindness in future. Hence due to presumption that he will go blind in future and become useless for them, he was rejected.
Some people say that Railways cannot reject / dispense with in service people who acquire disability during service according to PWD Act 1995 but in this case there is no law to the rescue of the person concerned because the case is of a fresh recruitment.
In short the biggest public sector company of India has declared a person unfit for all categories of available jobs. Is there any section Section / sub-section in Disability Act 1995 to help in this case?
After this episode a writ petition in Bombay High court was filed on 20-Sept-2013 and now its almost 6 months and still waiting to get a hearing. Is there any mechanism to escalate cases in High Court?
Please help with your valuable guidance on any similar experiences/cases.
