service law
Apurva Kumar
(Querist) 02 July 2009
This query is : Resolved
Dear Sir/Mam
My query is that a person got selected for the post of sub inspector and got call for medical examination but in the mean time while he was traveling he met with an accident and his leg has to be get plastered at the time of laster somehow a vein got infected and ultmately his leg has to be ampited!!!! yes now my question is that-
(i) wether any right accrued to him as he got very good marks and selected?
(ii)No field work any desk job
(iii)compensation on govt hospital
(iv)under rti got no +ve reply 4rm DGP ofic why not considered
(v)Any type of Writ maintaible or nor ny type of mercy plea or application giving direction to home dept!
Apurva kr!
An early reply is awaited..........
Kiran Kumar
(Expert) 02 July 2009
Apurva, all depends upon the service rules and condition.
if the psysical fitness is prescribed and is mandatory then it will be difficult for u.
but if the standards of physical fitness can be relaxed keeping in view the conditions of service and nature of job then some favour can be done to you.
if u ve not recieved the adequate reply in RTI application then move an appeal against it.
forget abt ur medical reimbursement or compensation or any mercy plea kind of thing.
so pls c the rules and regulations, service conditions and nature of job.
do make a bit of search from the law books as well, u ll find numerous judgments.
Guest
(Expert) 02 July 2009
(i) No right acrrued since the selection process & appointment was not completed;
(ii) Regarding any other job, since the selection prima-facie was for sub-inspector post, no claim for other posts can be sought (Application can be sent to the authorities, but, I do not think it will be accepted);
(iii) If you have got valid medical documents to prove medical negligence you can seek compensation from the hospital through consumer forum. (loss of job opportunity is a valid ground to claim higher compensation).
(iv) Under RTI, appeal lies only if you did not receive any 'sought' information. For -ve reply, you can not seek remedy;
(v) Writ maintainability in this scenario is very dim;
The above were based on legal provisions;
However, you can try through "Chief Minister's Grievance cell" or 'Disabled persons Welfare cell' for compassionate appointment to any other non-field posts;
a.manoharan
(Expert) 02 July 2009
Dear Sir, File Accident Claims case adding this as future prospects to get more compensation. As it is not Government's fault and he was not yet in service, The Administrative law is applicable so that the court shall not interfere in it.
Swami Sadashiva Brahmendra Sar
(Expert) 03 July 2009
Mr subramanian and Mr Manoharan are right.
the claimant was not an employee . prier to appoitment and joining he could not be termed as employee.
Writ petition is not maintainable.
compensation for accidental injury can be claimed in which his success can be shown for assesment of loss of future income.
Guest
(Expert) 04 July 2009
I totally agree with Mr. Subramanian. I would like to add, if for these posts, there is reservation for "disabled persons", he can ask the appointing authority to consider him in this reservation category and if they decline, then approach in writ jurisdiction.