• Can government withdraw benefits after 8 years of service

I am an Asst professor in govt aided college since 2010 on PH reservation. I was selected by duly constituted committee in 2009, i was the only candidate in PH category. At the time of application and interview i have submitted 40 percent disability certificate of civil surgeon, and again after selection college sent me to medical board for reverification of disability. After clinical examination medical board send 40 percent disability certificate to college by post, then after college given Service Order and I joined as an Asst professor on 01 Jan 2010.

Now a person lodged complaint against me at Commissioner of persons with disabilities, pune that I have only 25 percent disabled because I have received the motor accident claim on 25 percent disability certificate which is given by a private doctor who treated me after an accident in 2000. and the certificates collected by me in 2001 by civil surgeon and two members, latur and in 2009 by medical board are manipulated. So I will be recheck by another medical board and if my disability comes below 40 percent then the benefits i.e. service will withdrawal. And Commissioner passed the order as he requested above.
My question is 
How can anybody lodge case without locus standi and nobody is aggrieved in my matter because I was the only candidate applied and present for interview in PH category

Is it legal to withdrawal benefits after 8 yrs service and authentic authorities certificates

How can anybody take objection on authentic authorities certificates
Asked 4 years ago in Civil Law

8 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

It is true that you were the only candidate and you were selected based on certificate issued by medical board that you are suffering from 40per cent disability

2) if however complaint is received that your certicate was manipulated and you fraudulently obtained 40per cent disability certificate the commissioner can order fresh check by another medical board

3) there is no infirmity in order passed by commissioner

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. Well, an fraud , if any,allegedly committed on the public authority can be brought to notice of the Government by any citizen of this country.For this he need not be interested in the job or in any other aspect of your personal/professional life.

He has not brought for his appointment for job in your place.on the contrary he has challenged the pubic document issued issued by the Commissioner ,

It is not clear whether the Authority has sent your case before any Scrutiny COmmittee or not.The complaint is at very nascent stage. Let further proceeding be initiated so further advice can be given.

Depending upon the outcome of the enquiry , if any, on your certificate the actions f the Government can be anticipated.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Any certificate may be challenged on the available ground to support of.

Your appointment in PH category is liable to be challenged by any person or by any deprived candidate as mandamus writ and HC after due consideration may order rectification of the certificate by medical board.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. No body has filed a case against you. Someone has lodged a complaint against you having no locus standii. However, the Authority can take up the matter Suo Moto andarrange to re-verify the percentage of disability.

2. Not only the benefits, your service also will be liable to be terminated if you are proved to have disability less than what you have claimed before. However, you have a strong argument in your favour since your disability percentage was counter verified by the medical board arranged by the employer and not by yourself and that you have not arranged that medical certificate.

3. However, get yourself rechecked by another medical board and if any adverse findings come resulting in to adverse step taken by your employer, you shall have to approach the High Court by filing a writ Petition against the employer praying for treating you as a person with 40% disability as certified by their own medical board when you had joined them 8 years back.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If he is the person aggrieved by your appointment or public spirited person he has locus standi to fIle a case. But you can go to Administrative tribunal or to high court under writ petition challenging, order passed by commissioner and ask court to appoint commissioner to get yourself examined by medical board.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Client,

As much longer the service may be if obtained on false certificate - no cure.

WELL, 40 percent disability certificate of civil surgeon, and again after selection college sent me to medical board for re verification of disability ---- HAVE higher value and integrity, Even if objected by third person, no credence and if, authorities ignoring the duly issued certificate issued by competent authority, start inquiry, straight away challenge it before High Court. All authority can do, to inquire if any manipulation but no re verification.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Be assured that you will continue your job till retirement. No body on this earth disturb you. It is not like that, a criminal law can be set into motion by any person even the stranger but.you have a case of merit. Because standard proof and percentage of disability will be taken at lower rate in motor vehicle cases in order to award less compensation, this is being said by me as I discharged my duties as judge presiding over motor vehicles tribunal. The expert opinion always prevails over the judicial opinion. Rest assured. Pl;ease call me for clarifications.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

There is nothing wrong in any person giving a complaint in this regard to the authorities concerned about the irregularities observed.

The authorities after proper investigation may take legal action as per the law or rules of the employment.

If you feel aggrieved then you may take up this matter with the management by a written representation, exhaust the remedies within the organisation.

After this you can plan to approach high court with a writ petition or the CAT if you are a government employee.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

you can go for another medical examination which is approved by the government or the government selected doctor if there are any discrepancies from the report which you have you can file a suit with the court to pass a proper order in the mean time you can get another report of disabilities

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

There is no locus but you need to check under which irregularity the said facility is ceased and discontinued. There is no question of locus if something is illegal and contravening to the Provisions the said facility can be ceased anytime. You can challenge the same before the appellate authority of your department or court for the same.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer