Q: I joined the services of a statutory corporation in 1990 on ad hoc basis. My services were regularised as the head of security guards in 1994. While in service I lost my eyesight and became totally blind in February 2007. In May 2007 I was served with a termination notice stating that my services were no longer required. I made several representations to the corporation to shift me to some other suitable post and not to terminate my services as I was the sole bread earner in my family. There has been no response to date. I am in severe financial distress. I am a commerce graduate. Do I have any remedy in law? Please advise.

Name withheld

A:Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, protects and safeguards the rights of an employee who acquires a disability during his service. It provides that no establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service. Further, if an employee after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits. If it is not possible to accommodate the employee in any existing post, he will be kept on a supernumerary post until a suitable post is available or until he attends the age of superannuation, whichever is earlier. The said Section also provides that no promotion shall be denied to a person merely on the ground of his disability. Thus, the corporation could not have dispensed with your services on the ground of your loss of eyesight when you were in service. Your obvious remedy is to file a writ petition in the appropriate high court challenging the notice issued by the corporation relieving you from service. In this connection you may rely on the Supreme Court’s judgement in the case of Bhagwan Dass vs Punjab State Electricity Board reported in 2008(1) Current Labour Reports 789.

Q: I am an employee of a public enterprise which is owned and controlled by the government of India. I hold a government post and would like to know if the government can create and abolish posts unilaterally without consulting persons who would be affected by such an act.

Name withheld

A:The law as laid down by the Supreme Court of India is that creation and abolition of posts is a matter of government policy and every sovereign government has this power in the interest and necessity of internal administration. Whether a particular post is necessary is a matter which depends on the exigencies of the situation and administrative necessity. Creation, continuance and abolition of posts are decided by the government in the interest of administration of general public. The government has the power to abolish a post even if the same may result in the holder of such post ceasing to be a government servant. The measure of economy and the need for streamlining the administration to make it more efficient may induce any government to make alterations in the staffing pattern of the civil services necessitating either increase or decrease in the number of posts or abolition of a post. The courts will not ordinarily interfere with the creation or abolition of a post by the government so long as the same is done in good faith and not mala fide. The burden of proving mala fide on the part of the government in such a case is on the person making such allegation and the standard of proof for establishing mala fide is quite high. I hope this answers your query.