If you are stuck in such a situation, here is what to do.

Mr. Sameer Verma from the city of Anandpur is facing an incredibly distressing situation. His mother, Mrs. Kavita Verma, a dedicated teacher, suffered a severe brain stroke earlier this year, which tragically resulted in complete vision loss. Medical experts diagnosed her with cortical blindness due to irreversible damage to her occipital lobe.

The family’s ordeal was compounded by immense financial strain. Mrs. Verma’s month-long hospitalization accumulated a bill of over ₹22 lakhs. To cover this, Sameer had to borrow ₹15 lakhs from friends and family and arrange the remaining ₹7 lakhs through donations and liquidating savings and provident funds. Her post-hospitalization care required an additional loan of ₹7 lakhs, pushing the family’s total debt to a staggering ₹29 lakhs. Sameer, who earns a modest ₹30,000 per month, has been struggling to manage repayments and has nearly exhausted all his savings.

Initially, Mrs. Verma’s employer, a semi-government school named “Gyanoday Vidyalaya,” where she had worked since 1997, offered some support. They agreed to pay her monthly salary of ₹24,000 by adjusting her accumulated leave balance. This arrangement lasted for five months. However, the school administration has now abruptly stopped the payments, stating they can no longer continue and have hinted at terminating her employment.

Mrs. Verma has had a distinguished 36-year career as a teacher and was made a permanent employee at the school back in 2005. Despite her long and loyal service, her employer is now considering termination due to the disability she acquired during her service. This has left Sameer wondering about his mother’s legal rights and whether the school can be compelled to provide continued financial support or alternative employment.

Advice in such cases

Facing such a situation can be overwhelming, but it’s important to act strategically and be aware of your legal protections.

• Document Everything: Maintain a meticulous record of all documents. This includes the employment contract, appointment letter, salary slips, all medical reports confirming the disability, and any written communication (emails, letters) with the employer regarding the illness, leave, and employment status.
• Do Not Resign: Under no circumstances should the employee resign under pressure. Resigning voluntarily can forfeit many of the legal rights and protections available to them.
• Communicate in Writing: Ensure all future correspondence with the employer is in writing. This creates a paper trail that can be used as evidence if legal action becomes necessary.
• Understand Your Rights: The primary law that protects employees in such situations is the Rights of Persons with Disabilities Act, 2016. Familiarize yourself with its provisions, especially those related to non-discrimination in employment.

Applicable Sections of Law

The most critical piece of legislation in this scenario is the Rights of Persons with Disabilities Act, 2016 (RPwD Act). This Act provides robust protection against discrimination for employees who acquire a disability during their service.

• Section 20(4) of the RPwD Act, 2016: This is the cornerstone of protection. It explicitly states that no Government establishment shall dispense with, or reduce in rank, an employee who acquires a disability during their service.
• Proviso to Section 20(4): If the employee is no longer suitable for the post they were holding due to the disability, they must be shifted to another post with the same pay scale and service benefits. If it is not possible to adjust the employee against any post, they must be kept on a supernumerary post until a suitable post is available or until they reach the age of superannuation, whichever is earlier.
• Definition of “Government Establishment”: A “semi-government school” or an aided school typically falls under the definition of a “Government establishment” as defined in the Act, making these protections fully applicable.
• Section 20(1): This section mandates that every Government establishment must provide reasonable accommodation to employees with disabilities.

If you are the complainant

If you are assisting a family member in this situation, here are the steps you can take:

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Send a Legal Notice: The first formal step is to have a lawyer draft and send a comprehensive legal notice to the employer. The notice should detail the facts of the case, cite the violations of the RPwD Act, 2016, and demand the reinstatement of salary and continuation of service as per the law.
• File a Complaint with the Disability Commissioner: If the employer does not respond favorably to the legal notice, a formal complaint can be filed with the Chief Commissioner for Persons with Disabilities (at the national level) or the State Commissioner for Persons with Disabilities. These authorities are empowered to investigate such matters and issue binding orders.
• Approach the Court: As a final resort, you can file a writ petition before the High Court to enforce the employee’s rights under the Constitution and the RPwD Act. The court can issue directions to the employer to comply with the law.

If you are the victim

If you are the employee facing this challenge, it is crucial to assert your rights effectively.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Formally Request Reasonable Accommodation: Write a formal letter to your employer requesting “reasonable accommodation” as per the RPwD Act. This could include a request for an alternative role that you can perform with your disability, such as an administrative, counseling, or coordination role, without any reduction in pay or status.
• Reject Unlawful Actions: Do not accept any proposal for demotion, reduction in salary, or voluntary retirement. The law explicitly protects your pay scale and service benefits.
• Gather Support: If you are part of a teachers’ union or association, seek their support. Collective action can often be more effective in persuading the management to follow the law.

How the police behave in such cases

This is a civil matter concerning employment and disability rights, not a criminal one. Therefore, the police have a very limited role. They will not intervene in disputes related to termination or service conditions. If you approach the police, they will rightly direct you to the appropriate civil forum, such as the Labour Department, the State Commissioner for Persons with Disabilities, or the courts. The police would only get involved if there were an element of a cognizable criminal offense, such as criminal intimidation, forgery, or assault, which is not the case here.

FAQs people normally have

Can my employer fire me if I become disabled while on the job?

No. If you work in a “Government establishment” (which includes many aided or semi-government institutions), Section 20(4) of the Rights of Persons with Disabilities Act, 2016, offers explicit protection. Your employer cannot terminate your service or reduce your rank. They must provide an alternative post with the same pay and benefits.

What is “reasonable accommodation”?

Reasonable accommodation refers to necessary and appropriate modifications or adjustments to the work environment or the job itself that enable a person with a disability to perform their duties and enjoy equal rights. This could include providing assistive technology, changing job responsibilities, or modifying work schedules.

Do these protections apply to private companies as well?

The explicit protection against termination or reduction in rank under Section 20(4) is for “Government establishments.” However, the RPwD Act has broader anti-discrimination principles that apply to private establishments as well. Private employers are also mandated to have an equal opportunity policy and cannot discriminate against persons with disabilities. While the remedy might differ, a private employee can still challenge a discriminatory termination in court.

What evidence is required?

To build a strong case, you will need to gather the following evidence:

• Proof of Employment: Appointment letter, letter of confirmation, service records, and recent salary slips.
• Medical Documentation: Comprehensive medical reports, disability certificate issued by a competent medical authority, and hospital discharge summary.
• Communication Records: Copies of all emails, letters, or any other written communication exchanged with the employer regarding the medical condition, leave, and employment status.
• Proof of Service: Any documents or certificates acknowledging long and dedicated service.
• Witnesses: Statements from colleagues who can attest to the situation, if they are willing to provide them.

How long will the investigation take?

The timeline for resolution can vary significantly:

• Legal Notice: Sometimes, a strong legal notice can lead to a resolution within a few weeks, as the employer may realize their legal obligation and wish to avoid litigation.
• Complaint to the Commissioner: An investigation by the State Commissioner for Persons with Disabilities can take anywhere from three to six months, or sometimes longer, depending on their caseload.
• Court Case: Litigation in a High Court or other judicial forums can be a lengthy process, potentially taking several years for a final decision. However, it is often possible to seek interim relief from the court, such as a direction to the employer to continue paying the salary while the case is pending.

Advocate Sudhir Rao, Supreme Court of India