Skip to main content

Employees undertaking VRS due to disability can be reinstated: Kerala HC

A Kerala High Court division Bench comprising of Justice Antony Dominic and Justice Dama Seshadri Naidu has held that an employee who took voluntary retirement due to a disability while in service should be reinstated if he or she wishes so later on.

The Court was hearing an appeal filed by Southern Railway against an order issued by the Ernakulam bench of Central Administrative Tribunal, which had ordered such reinstatement, with effect from February 15, 2002 along with all consequential benefits.

She had filed a petition in 2009, before the tribunal seeking reinstatement in service, claiming such right under section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995.


The Counsel for the Railways, Tojan J. Vathikulam had contended that the woman, Fancy Babu, had voluntarily applied for retirement. Rejecting the contention, the Bench asserted, “Railways could not take advantage of such an application made by a disabled employee under compelling circumstances arising out of the disablement”.

Fancy Babu was working as a senior clerk at Palghat division of Southern Railway. She had taken a voluntary retirement on February 15, 2002, after she was affected by paraplegia due to spinal cord compression. The disability was ratified by a medical board of Kottayam Medical College.

Article referred: http://www.livelaw.in/employees-undertaking-vrs-due-disability-can-reinstated-kerala-hc/

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...