HC directs AIIMS to pay ₹50 lakh to illegally terminated employee

HC directs AIIMS to pay ₹50 lakh to illegally terminated employee

New Delhi:25.10.2021

Delhi High Court has directed All India Institute of Medical Sciences (AIIMS) to pay over Rs 50 lakh to a former employee, who was illegally terminated from service, noting that the man has been running from pillar to post for the last several years.

Raj Singh, who was appointed as a driver by AIIMS sometime in the 1980s, will also be paid Rs 19,900 as pension every month.

According to the petitioner, he was illegally terminated after which he approached the labour court. The labour court in December 1998 held that the termination of service was an unfair practice, Singh said in his petition.

The labour court’s order was challenged before various forums and finally the special leave petition (SLP), filed by AIIMS, was dismissed by the Supreme Court on June 3, 2016.

Singh, represented through advocate B T Kaul, served a legal notice to AIIMS authorities seeking compliance of the award and payment of the amount, but it was not paid. Thereafter, he approached the high court.

Justice Prathiba M Singh directed that the man be paid Rs 50,49,079 towards salary for the period from December 4, 1998, which is the date of award, and the date of superannuation, which is October 31, 2016, his leave encashment and his gratuity.

This amount was calculated by the authorities and the court was informed about it. However, the basis for the computation has still not been explained.

“However, considering that the petitioner has been running from pillar to post since 2016 when the Supreme Court dismissed the SLP till date, the respondents (authorities) are directed to pay the amounts in terms of order dated March 9, 2021, on or before October 30, 2021, to the petitioner,” the high court said in its October 12 order.

The court was also told by advocate Sonali Malhotra, representing AIIMS, that Singh was also required to deposit Rs 30,000 as a lifetime validation amount for being enrolled under the employees health scheme.

To this, the court said that in view of the long duration for which Singh has been fighting the present litigation, the amount of Rs 30,000 shall now be deposited on his behalf by AIIMS itself, in lieu of costs for the long-drawn litigation. PTI

Several hospitals reopen Covid-19 wards after uptick in number of cases

Several hospitals reopen Covid-19 wards after uptick in number of cases

Sushmi.Dey@timesgroup.com

New Delhi:25.10.2021

Even as the overall Covid situation remains stable, after the onset of the ongoing festival season, some hospitals have already started reporting an uptick in the number of cases.

While the absolute number of patients still remains low, many hospitals have reopened their Covid wards with some seeing even 20-25% more patients this week, as against a week ago. A doctor reported that while there were five cases in his hospital in the past two months, the previous week saw the same number. Some rise in infections is expected as mobility increases and a slackness creeps in, but cases are being watched carefully, the doctor said.

Most doctors maintain that vaccination has helped to keep the situation remain under control and serious cases are few. However, the next two-three weeks will be crucial and actual manifestation of the infection will begin after that, they say. “We are seeing a sudden increase in cases and have reopened the Covid ward this week, which we had to shut down earlier as there were hardly any cases and instead we were witnessing a rush of dengue cases,” says Dr Charu Dutt Arora, consultant physician and Covid-care expert at Asian Institute of Medical Sciences. Doctors also recommend increase in testing to assess the exact situation and keep a watch on any possible mutation. “Delhi is still largely stable but in last one week it has begun to trickle as there is a slight increase in number of cases,” says Dr Suranjit Chatterjee, senior consultant (internal medicine) at Indraprastha Apollo Hospitals.

Pilots land flight on ‘wrong’ end of runway, get de-rostered

Pilots land flight on ‘wrong’ end of runway, get de-rostered

Saurabh.Sinha@timesgroup.com

New Delhi:25.10.2021

Two SpiceJet pilots have been de-rostered after they landed a Hyderabad-Belgaum flight on the wrong end of the runway at the destination on Sunday. Aviation authorities have taken a stern view of this lapse as the crew allegedly did not report this and operated the DASH8 Q400 back to Hyderabad.

It was only when Airports Authority of India (AAI) reported this “serious incident” that SpiceJet informed the Aircraft Accident Investigation Board (AAIB) about the same, investigators probing the matter said. However, by then crucial cockpit voice recorder (CVR) recording at the time of this incident was gone as CVR records in a loop, keeping only the last two hours of conversation in the flight deck, they added. “Air traffic control had cleared SpiceJet DASH8 Q400 aircraft (VT-SQC) operating SG-3733 to land on runway 26 at Belgaum. However, the pilots landed on runway 08 (meaning, it touched down on the other end of the runway instead of the designated end),” said a senior official.

The aircraft landed at 11.30am on the unassigned runway. “While this was serious enough, the pilots committed an even bigger mistake by not informing about the same. They flew back to Hyderabad and went home. Only after AAI informed about this, did SpiceJet inform AAIB at 3.37pm (four hours after the wrong landing),” said a senior investigator. Belgaum-Hyderabad journey time is 1 hour and 40 minutes. Operating the return flight meant that the CVR recording at the time of wrong landing may have “washed out as the tape can record up to two hours only”.

The incident has been categorised as a serious one and AAIB will probe this. “Spice-Jet chief pilot spoke to AAIB officials and the latter have asked the crew of this flight to appear for investigation on Monday,” said a source.

Full report on www.toi.in

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‘Exercise of sexual choices does not give partner right to exploit woman’

‘Exercise of sexual choices does not give partner right to exploit woman’

New Delhi:25.10.2021

A woman exercising sexual autonomy through consent cannot be presumed to have also given consent to violate her reproductive rights, a Delhi court has said while denying bail to a man. The man was accused of raping a woman several times and forcing her to abort her pregnancy.

The court further said that the exercise of sexual choices does not vest any corresponding right in the partner to exploit a woman sexually, and she does not forsake her other rights, including reproductive rights, when she enters into a sexual relationship with a partner.

“While parties in a consensual relationship may be on an even keel when sexual relations are of a consistent and long duration, the act of contravening reproductive autonomy through multiple pregnancies and abortions takes away the element of consent, which may have been given for the sexual act itself,” said additional sessions judge Vishal Gogne in the order.

The court said that this was a “flawed construction” of the concept of bodily/sexual autonomy of a person/female. “The exercise of sexual choices by a woman does not vest any corresponding right in the partner to sexually exploit her. The woman does not forsake her other rights, including reproductive rights either, when she enters into a sexual relationship with a partner,” it added. TNN

‘EWS income criteria linked to Sinho panel’

QUOTA ISSUE

‘EWS income criteria linked to Sinho panel’

Subodh.Ghildiyal@timesgroup.com

New Delhi:25.10.2021

Amid strong criticism by the Supreme Court over the manner in which income eligibility criteria for the Economically Weaker Sections (EWS) reservations was fixed, the government is linking the decision to peg it at Rs 8 lakh, just as for Other Backward Classes (OBCs), to the Sinho Commission report which had examined welfare measures for the general classes.

A senior official said the Sinho Commission report indicates the eligibility ceiling to qualify for EWS for any reservation measures be linked to the ‘creamy layer’ for the OBCs who avail 27% Mandal reservations.

The income bar for OBCs to qualify for the Mandal quotas is Rs 8 lakh, while the nonreserved classes (mostly forward castes) are dubbed EWS if their annual income is up to Rs 8 lakh. The parity between OBCs and EWS has raised the hackles of the Supreme Court, which has in a case questioned the government if it was not making “unequals, equals” and has asked it to submit the exercise done to arrive at Rs 8 lakh for the EWS.

A social justice ministry official said the ministry will file an affidavit in the apex court for the next hearing. The failure to file the affidavit on the issue at the hearing last week drew negative reaction from the bench seized of the case. “The affidavit is being processed by the law ministry,” the official said.

According to sources, the social justice ministry is relying on the Commission report to substantiate its decision to lay down the income criteria for the EWS, and is confident that its argument will find favour. Backing the decision, the ministry sources said the Sinho Commission held detailed discussions with states on the issue and came up with its recommendations. Thus, an official said, its views have been given the due weightage in arriving at the decision on the EWS qualifying criteria.

The 27% Mandal quotas in central jobs and educational institutions were instituted in 1993, while the Centre made a constitutional amendment to create 10% EWS quota in 2019. A legal challenge questioning the constitutionality of the EWS reservations is also pending before the Supreme Court.

HC notice to MCI, med edu director

HC notice to MCI, med edu director

TIMES NEWS NETWORK

Bhopal/Jabalpur:25.10.2021

A division bench of the Madhya Pradesh High Court has issued notices to director, medical education and Medical Council of India (MCI) in response to a petition by a handicapped girl, who was denied admission in the MBBS course at Shahdol medical college on the ground of her physical disability.

The petitioner, Priyanshi Meena, said that one of her hands was rendered partially disabled due to a rare disease and later at the age of 14, her second hand also had to be severed after she suffered a major electric shock.

Priyanshi had appeared in the NEET for admission into a medical college and was also selected. She was assigned Shahdol medical college for admission into MBBS course.

But Priyanshi was denied admission on the ground that both her hands are crippled. She contended that according to MCI guidelines, admission in the MBBS course can only be denied if a candidate has more than 80% disability but she suffers from only 65% disability.

Besides, India is a signatory to the UK conclave following which the law dealing with rights of a disabled person was enacted in the year 2016.

Still, petitioner Priyanshi was denied admission in the MBBS course, which was also in clear violation to Articles 14 and 19 of the Indian Constitution.

Following preliminary arguments, the division bench of the high court comprising Chief Justice Ravi Vijay Kumar Malimath and Justice V K Shukla issued notices to the respondents, seeking a detailed response to the petition.

Advocate Aditya Sanghi appeared in the case on behalf of the petitioner.