Government servants suffering from mental disorder cannot be ousted: court 2011 ORDER
THE HINDU October 14, 2007 00:00 IST Updated: April 29, 2011 15:25 IST
Mohamed Imranullah S.
Judge faults officials for describing the petitioner as “insane”
Fine imposed on officials for arbitrarily dismissing the petitioner
MADURAI: Government servants suffering from any mental disorder other than retardation cannot be removed from service, the Madurai Bench of the Madras High Court has ruled.
Allowing a writ petition filed by an anganwadi worker in Tuticorin who was ousted for suffering from paranoid schizophrenia, Justice K. Chandru said the administrative heads needed to be sensitised to the problems faced by the mentally ill and the legislations governing their welfare.
Legal definition
He pointed out that Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act states that disabled government servants are entitled to an alternative employment with the same pay scale and service benefits or to be kept on a supernumerary post until they attain the age of retirement.
The definition of the term disability, under the Act, includes mental illness.
The Judge imposed a cost of Rs.5,000 on the Tuticorin Collector, District Project Officer and Children Development Project Officer for arbitrarily dismissing the petitioner without conducting a proper medical examination or an enquiry. He also faulted the officials for describing the petitioner as “insane” though such a word does not find place in any statute.
“Falsified stand”
Referring to a medical report submitted by the Psychiatry department of Government Rajaji Hospital here, which observed the petitioner for a month as per court orders, Mr. Justice Chandru said: “A reading of the report clearly falsifies the stand taken by the respondents and they should be ashamed of describing the petitioner with all kind of epithets not borne out by records.”
The medical report stated that the petitioner was not suffering from any active psychiatric disease and that she would be able to carry out her official responsibility with the help of antipsychotic drugs and mood stabilisers.
The Judge said that it was rather unfortunate that the officials failed to note that the petitioner, a spinster, had served the department for 24 years and won an award from the Collector for her outstanding performance in child care.
She was also involved in social service activities such as teaching spoken English to the village children besides taking care of her aged mother.
Judge faults officials for describing the petitioner as “insane”
Fine imposed on officials for arbitrarily dismissing the petitioner
MADURAI: Government servants suffering from any mental disorder other than retardation cannot be removed from service, the Madurai Bench of the Madras High Court has ruled.
Allowing a writ petition filed by an anganwadi worker in Tuticorin who was ousted for suffering from paranoid schizophrenia, Justice K. Chandru said the administrative heads needed to be sensitised to the problems faced by the mentally ill and the legislations governing their welfare.
Legal definition
He pointed out that Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act states that disabled government servants are entitled to an alternative employment with the same pay scale and service benefits or to be kept on a supernumerary post until they attain the age of retirement.
The definition of the term disability, under the Act, includes mental illness.
The Judge imposed a cost of Rs.5,000 on the Tuticorin Collector, District Project Officer and Children Development Project Officer for arbitrarily dismissing the petitioner without conducting a proper medical examination or an enquiry. He also faulted the officials for describing the petitioner as “insane” though such a word does not find place in any statute.
“Falsified stand”
Referring to a medical report submitted by the Psychiatry department of Government Rajaji Hospital here, which observed the petitioner for a month as per court orders, Mr. Justice Chandru said: “A reading of the report clearly falsifies the stand taken by the respondents and they should be ashamed of describing the petitioner with all kind of epithets not borne out by records.”
The medical report stated that the petitioner was not suffering from any active psychiatric disease and that she would be able to carry out her official responsibility with the help of antipsychotic drugs and mood stabilisers.
The Judge said that it was rather unfortunate that the officials failed to note that the petitioner, a spinster, had served the department for 24 years and won an award from the Collector for her outstanding performance in child care.
She was also involved in social service activities such as teaching spoken English to the village children besides taking care of her aged mother.
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