Medical invalidation compassionate appointment rejected.
Rajesh
(Querist) 31 August 2018
This query is : Resolved
Greetings,
Am here to discuss on my Writ which was filled quashing for Medical invalidation rejected on the grounds of Labor law 168 & 10 .A history of details, my father was from suffering from severe heart problem in 2011 underwent Open heart surgery at that time his age was 53. he was not able to continue to work even after doing open surgery he again found with the 3 blocks in same location because of which he is not able to continue his work getting cardiac heart attack if he continuously walk for 15 mins cannot be operated again because of his health condition so gave a representation on 2012 requesting for medical invalidation and for compassionate appointment at that time his age was 54 years 10 month,and the report was sent to Government .At 2014 may he was unfit by the medical board 2014 may ,all his reports are sent to government for consideration, final order was about to pass on for my compassionate appointment ,in July 2014 state transport Authority sent a report to government whether my father representation can be considered or not since there was V& Dc case pending against him there was no charge memo filled till date and my compassionate request was in hold because of this (Vigilance came for a surprise visit in 2009 no charge memo was prepared until the medical representation was sent ,a charge memo was prepared anti dated 2014 September after giving a medical invalidation request) because of this my father's consideration is on hold not allowed to retire from services on medical grounds since there was a charges pending on him. In meantime he attained his retirement age ,was not allowed to retire was in 17b charge,My father approached high court and was judge ordered to finish the disciplinary proceedings with in 6 months time and consider the medical representation sept 2015 . But Government did not response to the court order and at 2017 January after all the inquiry government decided to with draw all the proceedings against my father and gave a no objection and entitled to give his all benefits.Again we gave a representation for medical invalidation which was kept pending at the final stage for my compassionate appointment. Government rejected in the following grounds Labour 168 & labour 10 and they also mentioned after medical board has invalidated he continued to be service how ever he was not allowed to retire from service because of the false allegation against him.
Now am fighting for Compassionate appointment on the grounds there was no delay from my father side, Labour 168 cannot be the ground to reject the compassionate appointment moreover at 2014 the only ground was because of the false delegation not labour 168 & 10.
Kindly share & guide me on how to approach this in right way we are not delaying anything from our end all we want is justice to my father he is still suffering from severe heart problem taken many medical leave during the office days and lost most of his life for his office work.
KISHAN DUTT KALASKAR
(Expert) 31 August 2018
Dear Sir,
You can approach the High Court by Contempt Petition as Government indirectly violated the orders of High Court by not considering your application for appointment.
Dr J C Vashista
(Expert) 01 September 2018
You have already sought professional services of your lawyer, why do you need obligation of experts as second opinion, on the basis of limited information, except the fact that it is available FREE OF COST?
Guest
(Expert) 01 September 2018
I differ with the views of Shri Kishen Dutt, Retd. Judge. Your case, if made merely about compassionate appointment, would not stand in the eyes of law, if invalid retirement of your father is not made effective from retrospect effect. Normal retirement of your father would not justify your case for compassionate appointment. The root cause for challenge is the type of retirement and the judgment on continuation and completion of inquiry, not your case for compassionate appointment. Compassionate appointment is a secondary issue.
In fact, your father and you are too late to take up legal steps in right direction at right time, particularly to challenge the action of the department for not giving invalid retirement to your father on recommendation of the Medical Board, as the department was not competent to withhold retirement on medical invalidation, unless Medical Board recommendation was challenged medically and legally by the department. Which labour law you are referring has not been made clear by you. No labour law or pending vigilance case can become hindrance in medical invalidation of a person. Your father was required to approach to the competent court immediately after rejection of recommendation of the Medical Board for medical invalidation..
Secondly, no vigilance case can be deemed to have been pending during primary investigation stage, if charge sheet was not served. If the charge sheet was served anti-dated, the date receipt of the charge sheet was crucial to decide the pending vigilance case. But still that could not be the valid cause of withholding of retirement on invalidation. The vigilance case could have been decided even after the medically invalidated retirement.
Better get your case re-examined thoroughly with reference to the case related documents by some expert on service laws in order to decide how to proceed further, if decided so..
Rajesh
(Querist) 02 September 2018
Thank You for your immediate Response Honor Justice Kishan Dutt
Rajesh
(Querist) 02 September 2018
Thank You for your time J C VASHITA
Rajesh
(Querist) 02 September 2018
Thank You for your timely Justice Kishan Dutt & Dhingra Sir.
Rajesh
(Querist) 02 September 2018
I will update more of the case shortly
Isaac Gabriel
(Expert) 04 September 2018
Don't waste your time in seeking compassionate appoinment on the ground of Medical invalidation, since it had not been done at all.
Sudhir Kumar, Advocate
(Expert) 09 September 2018
compassionate appointment can be considered only if (i) death or (ii) invalidation takes place.
None of them happened so you have no case for compassionate appointment.
As seen from you working the High Court directions were for completion of disciplinary case in time. So there is no contempt thereof in not giving compassionate appointment.
