At, Central Administrative Tribunal Guwahati Bench Guwahati
By, THE HONOURABLE MRS. MANJULA DAS
By, JUDICIAL MEMBER & THE HONOURABLE MR. N. NEIHSIAL
By, ADMINISTRATIVE MEMBER
For the Applicant: P. Maishan, Advocate. For the Respondents: --------
Oral Order: (Manjula Das, Judicial Member)
This O.A. has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 with the following reliefs:
“8. Directing the Respondents to pay full pay and arrear salary to the Applicant since March – 1999, U/s. 47 of the Persons with Disabilities (Equal Opportunities, Protection of Equal Rights and Full Participations) Act – 1995, by quashing & cancelling the letter, dated, 23.12.2019, issued by the Superintendent RMS ‘S’ Division, Silchar – 788001, communicated to the Inspector of Posts, RMS ‘S’ 1stSub-Dn, Silchar.”
2. Sri. P. Maishan, learned counsel for the applicant submitted that the applicant had joined as Sorting Assistant on 13.05.1997 under the respondent Nos.1 to 5. While he was in service, since March’ 1999 the applicant became completely bed ridden due ‘to ankylosing spondylitis and he has been still continuing in the same condition. Learned counsel further submitted that the District Disability Board had issued certificate dated 30.05.2007 certifying that the applicant has been suffering from ankylosing spondylitis and the extended of disability is now 100%.
3. In course of service the applicant became invalid and in terms of section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Equal Rights and Full Participations) Act – 1995, the applicant became entitled to get full pay and salary, during the period of his disability. Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Equal Rights and Full Participations) Act – 1995, mandates that no establishment shall dispense with or reduce in rank an employee who disability during his service and no promotion shall be denied to a person merely on the ground of disability. But according to learned counsel, the respondents did not discharge their statutory obligation towards the applicant in compliance with mandate of section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Equal Rights and Full Participations) Act – 1995.
4. Learned counsel further submitted that the applicant made a representation dated 22.05.2019 before the respondent by stating that the applicant has been examined by the Medical Board of the AGMC & GBP Hospital and after such examination, the Board has issued certificate that the applicant is suffering from severe form of Ankylosing Spondylitis with 100% disability and he is unable to work. But no positive response has been made by the respondents till date.
5. We have heard learned counsel for the applicant, perused the O.A. and all the documents produced before us. Keeping in view of the above, without going into the merit of the case as well as without issuing notice, We direct the appropriate authority to consider the representation dated 22.05.2019 of the applicant and dispose of it by passing a detailed reasoned and speaking order within a reasonable period
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of two months from the date of receipt copy of this order. 6. It is needless to mention that whatever decision to be passed by the appropriate authority, the same shall be communicated to the applicant forthwith. 7. With the above directions, O.A. stands disposed of at the admission stage. No order as to costs.