My Father (Age:58) is working in one of the Co-Operative Bank in Rajasthan from last many years very well. One day (June, 2015) he met with an accident while went on Morning Walk and had sever Head Injury for which he needs to undergo few head surgeries. After his recovery starts, we get to know that he loss his memory and suffering from Paralysis (Right Body) and act like a child who just born. This is true that he was born that day after gone through lot of Surgeries. After that he was running on Leave for several months but once all leave balance was nil, he was serving leave without pay. According to Law (What I have read Disability Act 2016- Chapter IV - Point 4), It Says: No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service: Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall 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. If the above is true than how can some authority can stop an employee to continue his duty and stop his salary when he needs it very badly to continue all his medications. It is now 3 Years that he is not getting his salary. I have shared this law several times with the department and I did not receive any positive action from them. After a medical examination done by Department, He got 84% of disability from the board of Doctors. Please suggest what to do, we really need some help.
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Hello,
if the department is acting against the statute then you may file a writ in the HC under article 226 of the Constitution.
obtain a direction for the department to act as per the act. Before moving to HC give a representation to the bank.
regards
As is clear from the GO you see you will not get any monetary benefit so please move an application that he is unable to join duties so his legal heir who is suitable for job in the department be given because family of the employee may not starve.
File writ petition in HC against bank refusal to pay your father his salary for last 3 years
2) rely upon provisions of disability act that his salary should not be stopped merely because of disability
Just to ask if possible to File writ petition to District Court instead of HC cause in that case I need to travel with my Father to some other City (Jodhpur). Please suggest.
A petition is a usually a writ petition which cannot be filed in district courts.you have to file in high court only.
writ petition has to be filed in HC only
Dear Client,
Remedy available through HC only, You can meet the advocate, there`s no need for your father to appear in court even for single time neither on every date you are requir to attend court hearing.
And as an alternative you can request appointment on compassionate ground to meet the crisis in a family on account of medical invalidation of the bread winner. Can try this option too but this option available at least five years before attaining the age of superannuation.
You can approach high court with a writ petition seeking the said relief.
Before that you should exhaust the remedies available with the department concerned.
After getting a negative reply from his department the high court may be approached for relief and remedy.
Writ petition can be filed before the high court only and not before the district court.