Termination from employment
I am a permanent employee of a public sector bank. During my service I got some spine related medical issue and I am on leave for the last 3 years (out of this 2 years on medical leave and 1 year unauthorized absence) and I have still not joined my organisation. During this period I have also suffered from mental health issue and for which I have received 15% permanent disability for mental health. My organization follows the guidelines of RPWD act 2016 (act for disabled) wherein it is mentioned that “No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service. Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier”. I seek clarification for the following: Q1.- The wordings of the above clause “During the service” means the employee should be on duty while he acquired disability or is it applicable for someone who is in service but not on duty ie someone who is on leave. Q2- The law applies to all persons with disability or only for people with Benchmark disability, as in my case the disability is less than 40%. Q3 Whether the bank can terminate me in this case. Please guide me as it is very important for my service.
Kolkata
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