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Tamil Nadu

‘Strictly adhere to guidelines for assessing disability’: Madras High Court

Justice B Pugalendhi gave the direction recently after coming across three disability certificates issued to a person mentioning three percentages of disability (40, 51 and 60).

Express News Service

MADURAI: The Madurai Bench of the Madras High Court has directed the health department secretary to instruct all departments concerned to strictly adhere to the guidelines framed by the Ministry of Social Justice and Empowerment, in assessing the percentage of disability.

Justice B Pugalendhi gave the direction recently after coming across three disability certificates issued to a person mentioning three percentages of disability (40, 51 and 60).

The court was hearing a petition filed by the person seeking promotion to the post of office assistant in a government school, on the ground that he met with an accident during his service as cook in an Adi Dravidar Welfare Hostel in Natham, which he secured in 2008 through the differently abled category.

The government counsel explained that the petitioner can only be promoted as night watchman and later as an Office Assistant (OA), and there is no scope for direct promotion as OA, especially since he was appointed as cook under differently abled category.

During the hearing, the judge noted that at the time of appointment, the petitioner had submitted a disability certificate stating he suffered 60% disability. However, his petition before the court mentioned he has 40% disability.

Observing that there is no uniformity in issuing disability certificates, the judge said if certificates of such nature is provided, opportunities or benefits provided to the disabled persons would be snatched away by undeserving persons.

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