Q: I am 55 years old and have been working in the accounts department of a state-owned corporation. Last December, I developed a serious eye problem and in January this year I completely lost vision in both eyes. In February, the corporation issued a termination letter in view of my blindness. I am shattered. Do I have a remedy?
A:The corporation appears to have acted illegally in terminating your service. Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, mandates that no government establishment shall dispense with or reduce in rank an employee who acquires a disability during his service. If such employee after acquiring disability is not suitable for the post he was holding, he should be shifted to some other post with the same pay scale and service benefits.
If it is not possible to adjust the employee against any existing post, he should be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. You should immediately file a writ petition in the appropriate high court challenging the letter of termination.
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