After large-scale protests from disabled health care workers, AIIMS (Rishikesh) has withdrawn an order which asked them to either perform their duty or take compulsory retirement.
Professor Ravi Kant, Director & CEO, AIIMS (Rishikesh), in a new order on May 4, said that if any employee (including faculty) is unable to perform or fails to attend duty assigned to him or her, action will be taken according to government norms. Prof Kant has clarified that this order is not applicable for employees with disabilities.
Stating the reason for withdrawing the previous order, Prof Kant said, “It is observed that some employees are refusing to do corona related duty on some pretext and are resorting to trivial excuses.”
Outlook reported on May 3 that two organisations - National Platform for the Rights of the Disabled (NPRD) and Doctors with Disabilities: Agents of Change – had written to the Union Health Minister, Dr Harsh Vardhan, and demanded immediate withdrawal of the circular.
Outlook has learnt that the Union Ministry of Health & Family Welfare (MHFW) and Ministry of Social Justice & Empowerment (MSJE) took a strong view of the AIIMS (Rishikesh) circular.
KAS Rao, Director, Department of Empowerment of Persons with Disabilities under MSJE, addressed a letter to Prof Kant and asked him to withdraw the order as it was not in line with the legal rights available to persons with disabilities.
The controversy started on April 30 when Professor Kant emailed a circular, dated April 9, to all his employees that read, “Any employee (including faculty), if unable to perform duties, due to physical or mental disability, which interferes with the efficient discharge of duties, will be compulsory retired, as per CCS rules."
After strong protests, Prof Kant clarified, “Physically Handicapped Categories (PH) (Divyangjan) are NOT included in above, as they are governed by a different rule of Govt of India”.
Dr Satendra Singh, founder, Doctors with Disabilities, found objections in the clarification as well.
In a letter to MHFW, Dr Singh said the clarification was also unlawful as it gave protection to only those doctors who were recruited under disability quota and not those who acquired disability while serving their duty.
"We would also like to emphasise that this is not an isolated case where people occupying office at various levels are in some cases unaware, in some cases insensitive and in some arrogant to the provisions of the Rights of Persons with Disabilities Act, 2016. This, as the Act itself provides, calls for sensitization of people at various levels – elected representatives, judiciary, government officials etc," Dr Singh said in the letter.
