Telangana High Court Orders Reinstatement of 7 Retired Differently Abled Employees
The Telangana High Court faulted the unusual method exercised by AP Vikalangula Cooperative Corporation in retiring its employees by setting aside date of birth affidavits submitted two decades ago and conducting medical examinations at the time of regularisation of their service.
Hyderabad:The Telangana High Court faulted the unusual method exercised by AP Vikalangula Cooperative Corporation in retiring its employees by setting aside date of birth affidavits submitted two decades ago and conducting medical examinations at the time of regularisation of their service.
Justice Nagesh Bheemapaka of the High Court made it clear that it was not open to the employer to unilaterally alter the date of retirement of an employee , without strictly complying with procedural safeguards. The judge said that the date of birth once entered and continued in service for more than two decades could not be altered unilaterally.
The judge was dealing with a petition filed by seven retired employees, visually challenged and differently abled. They challenged the decision of the corporation in retiring them based on medical reports of their age, without hearing their contentions.
The services of the seven employees were regularised in 1988 and 1990 with their dates of birth recorded in their respective service registers. However, they were directed to attend an examination at the forensic medicine department of the Osmania General Hospital (OGH) on 28-08-2012, purportedly for age determination. During the tests, only physical measurements were taken and radiological examination, a key test for age determination, was not conducted.
Based on the medical reports, the corporation managing director issued orders based on which they were retired in 2015. The retired employees approached the High Court, questioning the certificates issued by the OGH and stating that they could not be relied upon.
The court asked how the corporation suddenly reverted its stand, when the date of birth of the employees, though supported by notarised affidavits or medical certificates, was accepted for over two decades without dispute. The court directed the corporation to reinstate the seven petitioners into service forthwith with consequential benefits, including back wages, continuity of service, and pensionary benefits.