A monitoring cell with the issue of Disability certificate will reduce litigation delay.
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Many laws are made for the benefits of groups who suffer a lot. But in real they remain only in paper, or the incumbent has to undergo years of litigation to get it implemented.
One such law is the Disability act of 1995 with sweeping amendments in 2016 and 2017. Many has to go three layers of courts of India which takes 3 to 5 years to get it implemented after spending a considerable amount of money, energy and time. The mental strain he undergoes is equal to as there is no such law, at least in the view point of who has to enact it directly to the beneficiary.
Let me narrate the sufferings of one of my friend Ajith Prasad a station Master in Southern Railway, Palakkad Division, Kerala.
He obtained Disability certificate for loco motor disability on 08-11-2017 and submitted it to Chief Medical Superintendent of Divisional Railway hospital ,Palakkad, Divisional Personnel Officer Divisional Office Palakkad,Divisional Railway Manager Divisional office Palakkad and to General Manager Southern Railway Chennai.His wife has sent a representation to Chairman Railwy Board Newdelhi with copy to GM southern Railway with photocopy of disability certificate.
The railway authorities neither approves it nor disapproves it but has not given him any benefits of the certificate.He has not been paid salary since the last 6 months saying he has no leave at his credit.Here also there is a paradox.The Zonal Railway hospital Perambur ,chennai advised him light duties for 2 months nearly 5 months back ,the CMS Divisonal hospital compelled him to continue in sick leave that there is no light duties for him. After 2 months same repeated.On the third instance RH Perambur advised Divisional Hospital Palakkad to Conduct a medical board to assess the ability to work in view of the Disability certificate.
Though he appeared before a medical board at Palakkad , He is advised to undergo surgery at RH Perambur and after six months of surgery only they will aassess his ability to work. The irony here is that though he consulted Orthopedist several times , they never advised for a surgery.
On affecting his salary, he approached Central administrative Tribunal Ernakulam and obtained an injunction model order to release salary on giving an undertaking if he lose the case he permits railway to deduct the amount from his pensioner benefits. In the first month they paid salary after ten days of the order. The second was due in March 31( APRIL 3 ) He has to approach the CAT again and finally got on 16-04-2018. In my opinion it is an act of contempt of court from Railways.).
The first hearing of the case will begin in June 2018 only after the court reopens after summer vacation.
Solution:- All these miseries can be abolished to a great extend , if a monitoring system is incorporated.
Modus-operandi :- If any Disability certificate is issued any where in India let it be known instantly to the Chief Disability Commissioner of India / ministry of Human Resource/Ministry of social justice.
Along with Disability certificate issue a Questionnaire to be filled by the individual such as his job status, employer and other bio data. What benefits he got after the possession of Disability certificate. Who has not approved the Disability certificate. Let the questionnaire be submitted within 15 to 30 days
The Chief Disability Commissioner or Government of India can issue a show cause notice to the concerned and can take a stringent penal action.
The time taken to justice awarded can be reduced from years to 2 or 3 m
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