NIMMI KHALKHO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) "Whether an employee who suffered injury while on duty can be denied the benefit of regular service on the ground that the employee is unable to discharge his/her duty" is the only issue involved in this case. The brief facts of the case are that, the petitioner was appointed as A.N.M. Nurse on 23.02.1977. While she was working as A.N.M., on 23.12.2004 during her official duty of 'catch up round', she met with an accident in which she sustained injury in her head and suffered disability. The petitioner was admitted in I.C.U. between period 23.12.2004 and 04.01.2005. The Civil Surgeon -cum -Chief Medical Officer, Ranchi gave recommendation that in view of disability of the petitioner, she should be given suitable work. Thereafter, the petitioner gave her joining on 22.07.2005. The petitioner was examined by the Medical Board on 16.03.2007 and in view of the report that the petitioner is not physically capable of doing her work, by order dated 25.04.2007 the Incharge, Medical Officer, Primary Health Centre, Kanke removed the petitioner from service. As directed by Memo dated 25.04.2007, the petitioner was terminated from service on the ground of disability. In these facts, the petitioner has approached this Court seeking quashing of order dated 25.04.2007.

(2.) A counter -affidavit has been filed contending that, the petitioner was not able to discharge her duty and even when she was permitted to join her duty, she has been doing work with the help of her son. A plea has been taken by the respondents that the petitioner herself made request for payment of retiral benefits and her son submitted duly signed pension papers and some of the retiral benefits except final pension to the petitioner, have been granted.

(3.) THE learned counsel appearing for the petitioner submits that in violation of statutory provision as contained in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the order of termination dated 25.04.2007 has been passed. He has further submitted that in view of the right which has been conferred upon the disabled persons, even though the petitioner has submitted papers seeking grant of retiral benefits, the right which has been conferred upon the petitioner cannot be denied to her on such ground.