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VIKAS KUMAR TOMER (ASST ENGINEER)     25 September 2012

Deliberately declaring medical unfit

 

Sir,

My self Vikas kumar tomer was in indian Air force,I left Air force in Mar 2011.

Presently I am at haridwar and serving in BHEL.
I wants your advice on the following issue.
I was selected for the post of finance officer in Mazagon dock limited Mumbai (a PSU),they isued me appointment letter subjected to medical fitness.
During medical examination they declared me medically unfit.
They contested that I had undergone kidney stone surgery in year 2000 and in future also again stone formation may take place and this will cost a lot to company,a very funny reason.
I tried a lot to convince them and produced my medical fitness documents of Air force where I was medically fit in category 'A' continuously since year 2002 ,the highest fitness standard in India but they did not bothered and declared me medically unfit in May 2011. later on I gave up that idea because settlement of my family after my retirement was primary mission for me and I joined BHEL 
but now I want to fight that case for my self esteem also and to have a lesson for them in future also 
I filed a RTI asking the company the basis of my rejection,they replied the same that basis was kidney stone surgery and they told that as per company medical policy
this case comes under rejection list.I filed application with first appellate authority as I was not satisfied with that reply,but they did not told me that why my rejection took months of time when this case was directly under rejection list.I asked for company medical policy and as per that this case is nowhere comes under rejection cases. 
You are requested to advice and help me on this issue a I want to file a writ in mumbai high court against my rejection on medical ground.I want to take up this case,any advocate who can handle thi case please come forward
You are requested to quote your charges also
Thanking you


Learning

 4 Replies

SURESH GODBOLE (ADVOCATE)     27 September 2012

First

 

                Ask them Medical Policy , certified copy , which is being followed in Mazagon Dock .

 

               After getting it ,

 

             Append here the clauses or rules which deal with Medical  Disabilities under which they can reject your candidature on the basis of Medical disability

 

             MIND YOU ASK THEM CERITIFIED COPY OF THE MEDICAL POLICY FROM BOTH WAYS

             YOUR APPLICATION ASA REJECTED CANDIDATE

              AND UNDER RTI

             Let us see then

1 Like

Sudhir Kumar, Advocate (Advocate)     28 September 2012

Fit case for writ in High Court.

1 Like

VIKAS KUMAR TOMER (ASST ENGINEER)     29 September 2012

Sir,

What will be the scene if I asks for compansation somewhere around 30 Lakhs from that company citing the reason for differences in payment what I hould have drawn there and whats I am drawing now and this will continue till retirement age,menatal agony,legal expenditure and loss of status job.

please make practical comments whether this case will have merit on court floor in cae of asking compansation also

 

Thanking you

Sudhir Kumar, Advocate (Advocate)     29 September 2012

First you prove your rightful claim to the post as the same is being denied to you. Thereafter think of something else after joining.  Do not create a situation where each and every highest authroity is forced to treat it as personal battle and act accordingly.


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