about blind computer teacher
mubashar-us-saqib gill
(Querist) 30 August 2016
This query is : Resolved
A man was apointed as comp teacher on contract basis in a school in 2004. Due to some ailment he lost his eye sight in 2008 during services. He did not properly inform to the department, so got regularized as permanant teacher in 2010. His ACR's are signed and verified as satisfactorily job done by his superiors. Students result are very good. Now the department has initiated proceedings against him that he is totaly blind so cannot continue his services. Is department justified and blind employee don t have right to serve his pupils. Plz refer case law also. Thanks.
N.K.Assumi
(Expert) 30 August 2016
India has ratified the United Nations Conventions on the rights of persons with disabilities on 1st October 2007 and enacted the Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act and rules 1995 and 1996.Under the act 5% of the work force should be composed of persons with disabilities. Contact your State social welfare department for proper guidance.
Kumar Doab
(Expert) 30 August 2016
You have posted that:
" he lost his eye sight in 2008 during services. He did not properly inform to the department, so got regularized as permanant teacher in 2010..........................Now the department has initiated proceedings against him that he is totaly blind so cannot continue his services. "
The proceedings are for concealment or his current medical condition?
Does the dept do not have scheme for employees', disabled, while in employment?
Kumar Doab
(Expert) 30 August 2016
How are you related with the matter?
Rajendra K Goyal
(Expert) 30 August 2016
Author has preferred not to reply the questions from expert.
Person was not appointed as disabled, under provisions of disability. He has not informed / concealed his ailment, department may initiate departmental proceedings.
Sudhir Kumar, Advocate
(Expert) 30 August 2016
I am not able to agree.
Author please confirm YES or NO
whether it is Govt service.
whether central / state govt deppt/PSU.
Failing which I am not expressing my views at all.
P. Venu
(Expert) 30 August 2016
Are you the person involved!
Raj Kumar Makkad
(Expert) 01 September 2016
You have rightly been advised by the experts on all aspects of the query.
Rajendra K Goyal
(Expert) 01 September 2016
Still the author is mum to provide information sought by the experts.
Kumar Doab
(Expert) 01 September 2016
In that case the thread may be deemed as resolved and closed.
Sudhir Kumar, Advocate
(Expert) 01 September 2016
No person has not yet been advised.
Let querist answer my questions and I have to share the rule position depending upon what is nature of employment.
Kumar Doab
(Expert) 01 September 2016
Author may reply.
Rajendra K Goyal
(Expert) 02 September 2016
Expert Sudhir Kumar ji,
Author is still mum.
Kumar Doab
(Expert) 02 September 2016
It is not the querist/author that is to gain from discussions..................enriching discussions.
There are many illustrated threads that are available for the readers/visitors.
All readers even after many years can benefit from the threads.
The contributors,members,experts each one gain from enriching discussions.
Sudhir Kumar, Advocate
(Expert) 02 September 2016
although querist is silent yet considering the need expressed by Mr Kumar Doab for mutual benefit I do express as under
He can be benefited from the following provision of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
47. Non-discrimination in Government Employment - (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits:
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
(2) No promotion shall be denied to a person merely on the ground of his disability:
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
Sudhir Kumar, Advocate
(Expert) 02 September 2016
The Govt is liable top reserve post for PH persons and exemption of any post has to be granted by the Disability Commission.
In the instant case the individual having lost eye sight has been performing the job of computer teacher effectively so he cannot be considered disable for the post and in case he is really considered disabled then the above rule position has been quoted.
Disability Commission has all the adjudication powers as in other Commissions.
Sudhir Kumar, Advocate
(Expert) 02 September 2016
As far as disciplinary proceedings are concerned he is entitled to call any (willing) serving/retired govt servant (of his choice)for his defence.
Being blind is no misconduct in govt job.
hiding medical disability acquired during service is no misconduct.
It was for his controlling officers to recommend him for medical board as per CS(MA) Rules.
IT MAY NOT BE TOO MUCH FOR ME TO SAY
based on given facts it appears that it may not be difficult for getting the chargesheet quashed (generally not easy in disciplinary cases)
Sudhir Kumar, Advocate
(Expert) 02 September 2016
I refer my dealing on
http://www.lawyersclubindia.com/forum/details.asp?mod_id=55654&offset=1
the case was 180 degree opposite.
Kumar Doab
(Expert) 02 September 2016
Thank you Mr. Sudhir Kumar.
Kumar Doab
(Expert) 02 September 2016
The author has not replied to any point raised by all experts.
Kumar Doab
(Expert) 02 September 2016
The author has mentioned about proceedings...........in his query, extract of which I have also posted.
The author has not posted 'Disciplinary Proceedings'.
The author has also not cleared if it is govt. School.
It is felt that author wants to convey that the School is contemplating to dispense with the service of computer teacher, since the teacher has disability due to blindness.
The author can benefit from the rules mentioned by Mr Sudhir Kumar and posts in this thread.
His able counsel can contest the decision of the school and may opine to approach concerned authority and court based on communique of proceedings alone,issued by school to aggrieved computer teacher.
His counsel may opine that the teacher may not wait any more for any moment for the termination order.
