SWAPAN KUMAR DEY, TRIPURA WEST Vs. AIRPORT’S AUTHORITY OF INDIA, REPRESENTED BY THE REGIONAL DIRECTOR, ASSAM

JUDGEMENT

(1.) BY filing this writ petition the petitioner inter alia sought for following relief(s): -

(2.) THE case of the petitioner, in short, is that on 28.12.2005, while the petitioner was working as a Supervisor (E&M), posted at Agartala, under the Airport Authority of India, the respondents, at his work place, he suffered a brain stroke and was admitted in G.B. Hospital. He was discharged on 30.12.2005 with a diagnosis of developed paralysis. In 2006, he undergone treatment at Apollo Hospital and at that time it was diagnosed that he was suffering from a rare disease called 'Destructive Myopathy ' which was also known as Progressive Muscular Dystrophy. Because of the disease his bone marrow was gradually drying up and as a result he was moving towards progressive disability. In the year 2007 -08 he was treated by Dr. Asesh Roy Chowdhury, a physician of 'Physical medicine and rehabilitation ' and in the year 2009 when his condition was again deteriorated he was admitted in G.B. Hospital and the Medical Board of the G.B. Hospital considered his condition and certified him as suffering from 80% disability on 27.1.2010. The certificate of disability is annexed as Annexure -P.2 to the writ petition. Thereafter, the petitioner submitted his disability certificate to his authority and prayed for extending him the facility as prescribed under ''The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ''(for short, PWD Act, 1995), by writing a letter dated 11.02.2010. The respondents did not attach any importance to the said prayer of the petitioner. On 15.03.2010, he prayed for medical leave to attend AIMS for his treatment and medical leave was sanctioned on 25.05.2010. Since he was not in a position to move without attendant he also prayed for attendant but one attendant was allowed though he was not in a position to move without two attendants. He has undergone treatment at AIMS and returned on 30.06.2010. No fitness certificate was however given since he was having with 80% disability. He, thereafter prayed for 120 days special disability leave but his prayer was rejected.

(3.) DURING pendency of this writ case by order dated 15.03.2013, an Advocate Commission was appointed by this Court requesting learned Sr. Counsel, Mr. S.M. Chakraborty to inspect the office of the respondents, for ascertaining the facilities provided to the petitioner and to audit the official records why the pay and allowance of the petitioner who is a physically challenged person has not been released by the respondents authority. The Advocate Commissioner, in the presence of learned counsel of both side visited the office of Respondents and examined necessary records and in compliance of the Court 's order submitted report dated 22.04.2013 which reads as follows: -