CHENNAI: Observing that a person who acquired disability during service cannot be betrayed on the ground he or she will be getting the same scale of pay without much work, the Madras high court has come to the rescue of a conductor, who acquired disability during employment and treated as a fresh entrant as clerk.
The court directed the Tamil Nadu State Transport Corporation (Madurai) to provide him continuity of service without any break, in the same scale of pay for which he was originally entitled to.
Allowing a petition from M.Sanjeevi Ramanujam, Justice Pushpa Sathyanarayana pointed out that when the claim of the petitioner was under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, the relief cannot be denied to the petitioner on the ground of latches.
According to petitioner, he was a conductor with the state transport corporation originally on daily wage basis from October 30, 1992. His service was regularised and was brought into time scale of pay with effect from September 22, 1993.
While so, he met with an accident when he was on duty on June 24, 1996 resulting in spine injury. He was declared unfit to resume duty as conductor and he was recommended for sedentary type work. Having been certified as ‘disabled’, the corporation instead of providing an alternative employment, treated him as a fresh entrant as clerk from September 1, 1997.
The corporation contended that as the petitioner had taken away the terminal benefits, his service was deemed to be terminated and therefore, the reinstatement was only treated as fresh appointment. Moreover, he has filed this petition after a delay of 10 years.
Citing a judgment of the Supreme Court, the judge said the case on hand had become one of the classic examples of the insensitive attitude of the corporation towards its own workman, who was a victim in an accident during employment, resulting in his disability. It was very clearly indicated in the Act that no person should be denied promotion on grounds of disability, the judge added.
