Mr.Divakar,

Your dad is suffering from eyes problem. He informed to higher officials before the said incident happened. The officials can put him in other positions instead of conductor job. They have not taken any steps. You can file a grienvance higher authorities in  APSRTC. or  you can file a petition in administrative tribunal at Hyderabad

The behavior of the Checking Inspector and of management appears to be perfectly correct and expected in circumstances.This is the harsh reality. He will certainly be charged with taking advantage of darkness an issuing ticket valid for one passenger after charging fare for four. Such charge will come out of the statement of the passenger which they may have given to avoid the charge of ticketless travelling. The case  (a conductor found to have charged fair of one instated of four on interstate trip) is fit enough for dismissal and the plea of vision difficulty may not be entertained and can be validly ignored as an afterthought.  Past laurels earned in the service do not come to any rescue in a charge relating to lack of integrity.

 

It is his folly that he continued in job although his health did not suit to the compulsory changed technology.  Such event is imminent if visually impaired person continues as conductor. But he cannot be thrown out without Inquiry wherein he has right to be defended through any serving/retired sate/central govt employee (unless APSRTC has a separate provision)

 

A visually impaired man has no right to continue as conductor and he had option to seek retirement on health ground and pave way for a child to be appointed on compassionate ground.  If he still opts for this his depttl case can be dropped (not necessary).

 

I partially agree with the views of Mr Ramna cherry but would disagree that at this stage the case cannot be filed at SAT ad generally SAT/CAT does not entertain cases at chargesheet level.

 

I case he has given in writing to the management regarding visual problem then a remedy can be there.  But from your blog it appears that he may not have given in writing. If he has then you get benefitted from the following provision of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

 

47. Non-discrimination in Government Employment - (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:

Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits:

Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

(2) No promotion shall be denied to a person merely on the ground of his disability:

Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

I do not think that this rule can be to the rescue of any handicapped employee continuing on the same post by hiding disability and showing him ready for full responsibility on the same post and then landing in charge of misappropriation

 

 

 

 

Yes sir, He had not given a written letter asking for leave for his health condition. But it was a practice by all employees in the APSRTC that, once the depot manager is accepted the leave, then only they will be giving a leave letter in wirting. I do not know how to proceed in this place. But all of his colleagues know that he has eyes problem and using high power spectacles from 2005. Eyes will be always in red. None of the depot managers are showing sympathy, asking him to go to conductor job due to the lack of tamil known conductors and overall insufficient staff in that depot.

He had got promotion in september 2010 and again in 2011, but they have not promoted due to insufficent conductors i think. Now the problem is the technology advancement for him. He was working with that bad eyes also, with manual ticketing system. That machines will not have sufficient print ink, so, it will not appear clearly at the night time to a normal person itself. He was working from 1986 and not faced the complaint like this and when his reporting manager itself (who should have understood his health issue) is asking him to go and sit at home, He was not able to digest the situation.

Whatever you say i sdifficult to substantiate .  It is hard to convince the court that in any Government iorganisation Meidcal Leave for cataract operation can be applied only if the Depot Manager so desires.  It can be a case of s stay saisctic officer but not the way of operation.

 

All thoe collegues may beknowing of his ailment but none is going to deposse in his facourt in departmental inquiry. He is at receiving end. He will ned medicla evidence which is possible nly if deptt sends him to medical board if he reports indiability to see at hight and inability fo work on new technology.

 

You have misunderstood what I said.  my assertion was "In case he has given in writing to the management regarding visual problem then a remedy can be there" This clearly menaas that even if he has not applied for medical leave still he did not rport his visual inability to the higher authroties.  He did so becuse he did not want to risk losing Govt job prematurely and did not know the rules regarding re-deployment on other job.

 

There is a clear sympathy in the words of Manger that he is perhaps willing to help if he quits the job on health ground. Perhaps manager is not aware of the rule positin which I uoted to you and perhaps you do not seem to be interested in taking advantage of the same.

yeah, you are right. We cannot speak about the same in the court and convince them. And as you said, colleagues will not come to court and cant speak oopposite to their employer. But He has medical records shows that he should definetly undergo medical operation immediately otherwise situation will be even more worse.

Yes, He must have given a letter to the depot manager about his visual problem and should have seeked asked to re-deployment on other job.

The depot manager knows that His daughter marriage was fixed in september and he has expenses now. At this point of time, when he asked his semployee to leave the job and sit at home, who has to care about his family expenses? He has 3 more years to serve. He is physically fit, but only eyes has the problem. He is even strengtheir than me and looks young at 55 years. He can even work perfectly if APS RTC offers leave for cartriac surgery and go ahead with manual ticketing system. Yes.. APSRTC cannot change its process for single employee. But he can do any other job with full enthusiasm. He has knowledge of computer and other things he is already in the organization for 25 years. 

You seem to believe that everyone except your dear father is to blame. But facts given by you do not depict so.

 

 

Whatever you say may call sympathy but not logic which you do not want to see.  My sympathy with you cannot prevail upon me to give you a soothing advise ignoring the harsh reality. Even if it hurts you.  Unless you reaslise the situation you cannot act wisely.

 

Nobody can be convinced that :-

 

 

• A petty officer of the level of Depot Manager is the final deciding authority of Service conditions.
• A Govt officer to be successful all the time in being autocratic enough not to allow medical leave.
• There being no higher authority than him.

 

 

Please think what problem you presented :-

 

 

(i) You say "He has medical records shows that he should definitely undergo medical operation" But sorry he has not gone to surgery.  In Govt organization the medical leave cannot be denied when a person is hospitalized and doctor recommends his leave after discharge.  On the same time when he is having medical advise and he is not informing the employer that his medical condition is such that he cannot handle the given responsibility with new technology.  Thereby depriving employer of the opportunity of posting him at a place suitable to his condition and taking up case for his discharge or re-deployment. Rather circumstantial evidence shows that he did not at any cost wanted to leave a duty of dealing with passengers and cash, with ulterior motive and was caught one day.

 

 

(ii)you said that manager told "leave the job and sit at home".  Yes it is possible. Many Govt employees get premature retirement (before landing in situation of dismissal) and get terminal benefits which can be used for social commitment. You have not said about any medical advise that after this surgery he will be able to operate new technology at night service in dark without any problem.

 

(iii) You said that "he can go ahead with manual ticketing system" Yes he can take his terminal benefits from APSRTC and work with any private transporter which neither has night shift not electronic ticketing.

 

(iv) You said "He is physically fit, but only eyes has the problem" Yes but it is the eye problem whose treatment he is not getting (without any legally tenable reason) and which he is hiding from the employer has created this system.  No body has a right to continue in a Govt job when not physically fit to the assigned responsibility and when either he himself is not getting treatment and when the service conditions are such (as explained by you) that treatment is not allowed.

 

(v) You said " he can do any other job with full enthusiasm. He has knowledge of computer and other things he is already in the organization for 25 years"  Yes the rule position supports this already reproduced above for your benefit. The benefit of Section 47 of  The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.  This opportunity will not coming walking on your doorsteps you have to seek the same. Your dad has allowed the things to go so bad that at this stage everyone will believe that :-

 

·         He is dishonest

·         He is caught cheating

·         He is feigning eye problem.

 

You immediately need to consult nearest available lawyer.

 

I am sorry if I have hurt you but you came to this forum for advise and not sweet saying.

 

I request you to see another persons blog at https://www.lawyersclubindia.com/forum/Voluntary-retirement-53641.asp 

that person had queries that :

"My father has served indian postal dept. for 29 years contionously(from 15-2-1983). He worked there as a postman. But now he is suffering from artheritus of knee. As you know that a work of a postman is laborious so he can not continue giving his services and want voluntary retirement. Can anyone please frame an application for voluntary retirement?? I would be highly thankful to you."

 

You can see that the circumstances are identical to your case but the person is not interested in complicating the things.

 

thanks for your advice. My dad was planned to meet the regional manager tomorrow with the above details asking for job change or voluntary retirement. I will read through the link that you have posted. Thanks, Divakar

Mr.Divakar,

Your Dad can get unfit certificate from APSRTC Medical Officer and seek alternative job under Disabilities act duly making representation to VC&MD.

Now you can see that situation ws really not as difficult as created.

 

So this certificate will also be helpful to him to defend disciplinary case and now it appears he annot be dismissed.