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This story is from November 16, 2005
Bombay HC verdict boost for mentally ill
Bombay high court has ruled that employees who develop mental ailments cannot be terminated from service.
MUMBAI: Giving a boost to the rights of mentally ill, the Bombay high court has ruled that employees who develop mental ailments cannot be terminated from service.
Upholding Section 47 of the Disability Act, which deals with non-discrimination, the Bombay HC bench ruled that the authorities should either shift the employee concerned to another post with the same payscale and service benefits or create a supernumerary post until a suitable post is available.
The judgment, delivered on August 5, followed a petition filed by Ashwini Desai against Chattrapati Shivaji Maharaj General Hospital, Solapur. Desai worked as a staff nurse in the hospital and developed schizophrenia around October 1999.
According to Gopal Deshpande, chairman of the empowerment and employment panel of an NGO, Maitri, which works with schizophrenia patients, "The judgment is a major boost for people working for the rights of the mentally ill."
He said schizophrenia patients are normal 99% of the time and are capable of applying their mind.
Desai was asked to leave her job on January 4, 2003, on the basis of a certification by the hospital medical officer that she was suffering from chronic schizophrenia.
Upholding Section 47 of the Disability Act, which deals with non-discrimination, the Bombay HC bench ruled that the authorities should either shift the employee concerned to another post with the same payscale and service benefits or create a supernumerary post until a suitable post is available.
The judgment, delivered on August 5, followed a petition filed by Ashwini Desai against Chattrapati Shivaji Maharaj General Hospital, Solapur. Desai worked as a staff nurse in the hospital and developed schizophrenia around October 1999.
According to Gopal Deshpande, chairman of the empowerment and employment panel of an NGO, Maitri, which works with schizophrenia patients, "The judgment is a major boost for people working for the rights of the mentally ill."
He said schizophrenia patients are normal 99% of the time and are capable of applying their mind.
Desai was asked to leave her job on January 4, 2003, on the basis of a certification by the hospital medical officer that she was suffering from chronic schizophrenia.
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