Wednesday, July 15, 2015

How can you deny job to a diabetic when India is world diabetes capital, Madras HC asks railways

CHENNAI: How can the railways deny job to a woman on the ground that she is a diabetic, asked the Madras high court, pointing out that with 40.9 million diabetics, India is world diabetes capital.

The diabetes position might be "probably due to the concerted efforts taken in the past five decades by food, fertilizer, pharmaceutical and beverage industries," remarked a division bench of Justice V Ramasubramanian and Justice Mathivanan in its order a few days ago.

The bench thereby came to the rescue of P Pushpam whose appointment in a group D post in the railways was stalled as medical examination revealed she was a chronic diabetic.

The judges said: "Diabetes is more of a disorder than a disease... In the absence of any scientific evidence to show that a diabetic will not be able to discharge the duties of his office, it is not possible to accept the stand taken by the authorities. This is especially in view of the fact that today, India has become the diabetic capital of the world, probably due to the concerted efforts taken in the past five decades by the food, fertilizer, pharmaceutical and beverage industries. According to a global report submitted by the Indian Diabetes Research Foundation, 40.9 million Indians are diabetic. Therefore, it is not possible to accept that they are unemployable or that if employed, they would become a liability on the employer."

In 2007, Pushpam participated in selection for 3,698 group D posts in the railways. Though she was selected, medical examination went against her, as she was ruled unfit for the job in view of her diabetes condition.

After her appeals also failed, she moved the Central Administrative Tribunal for relief. The present appeal was filed by the railways, after the tribal ruled in her favour.

Citing the lack of proof of Pushpam's poor health, the judges said: "It has nowhere been contended by railway administration that complications have arisen as a result of the patient's diabetes. It is only contended that her condition is likely to give rise to certain complications. However, in the present case, none of the complications, as averred by her (end-stage renal disease, non-traumatic lower amputations, adult blindness etc.), have manifested in the patient which would render Pushpam unfit for service."

Ruling that a mere speculation of complications cannot be made a reasonable ground to deny Pushpam employment, the judges said the disease was, at this stage, "manageable with regular treatment such that the status quo is maintained."

It then directed the railway administration to issue appointment order to Pushpam within eight weeks.

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